Conviction for prohibited overtaking maneuver before an obscured curve

Facts

The appellant [X.] was convicted by the Graubünden Cantonal Court for a prohibited overtaking maneuver before an obscured right-hand curve. The Prosecutor's Office had originally fined him with a suspended fine on October 7, 2011. The Plessur District Court initially acquitted him of the charge of violating traffic regulations, but convicted him of a serious violation of traffic regulations. The Graubünden Cantonal Court dismissed the appellant's appeal. Thereupon, [X.] filed a complaint with the Federal Supreme Court.

Considerations

The Federal Supreme Court concluded that the appellant's overtaking maneuver before the obscured right-hand curve did not meet the legal requirements. The lower court had rightly determined that the appellant was unable to maintain the required visibility for a compliant overtaking. While distance estimates in traffic situations are difficult, the court's calculations showed that the visible driving distance of 93 meters was insufficient.

The Federal Supreme Court qualified the appellant's behavior as a serious violation of traffic regulations and assumed conditional intent.…