Conviction for simple speeding instead of serious traffic violation

Facts

The appellant [X.] was convicted by the High Court of the Canton of Bern for serious violation of traffic regulations (Art. 90 para. 2 RTA) as he was driving at 137 km/h on the motorway in the Canton of Bern, where the speed limit was 80 km/h. The Federal Supreme Court overturned this judgment and remanded the case for a new assessment by the lower court.

Considerations

The Federal Supreme Court concluded that while there was an objective serious traffic violation, as the appellant had exceeded the speed limit by 51 km/h, subjectively there was a lack of reckless behavior, as the appellant had merely overlooked the temporarily applicable speed limit of 80 km/h. This is to…