Facts
Defendant [A.] was accused of overtaking a passenger car on the motorway on July 5, 2019. Approximately 1,000 meters before a motorway exit, he turned on the right indicator and switched to the normal lane. Subsequently, he overtook four vehicles on the right side over a distance of about 1,300 meters at a speed of 100 to 120 km/h. Then he turned on the left indicator and switched back to the overtaking lane. By overtaking on the right on the motorway, he allegedly knowingly and willfully caused a serious danger to the safety of others through gross violation of traffic regulations. The District Court of Werdenberg-Sarganserland convicted [A.] of gross violation of traffic regulations to a conditional fine of 50 daily penalty units at Fr. 120.- with a probationary period of two years. [A.] filed an appeal, which was dismissed by the Cantonal Court of St. Gallen. Subsequently, [A.] filed a criminal complaint in which he requested the annulment of the cantonal court's judgment and demanded acquittal or dismissal of the proceedings. The Federal Court dismissed the appeal insofar as it was admissible.
Considerations
The Federal Court confirmed the legality of the conviction of the defendant for gross violation of traffic regulations by overtaking on the right on the motorway. It noted that the new law, which came into force on January 1, 2021, allows overtaking on the right more generously, but still prohibits overtaking on the right by swerving and re-entering. The Federal Court emphasized that overtaking on the right on the motorway represents an increased abstract danger and…