Facts
The appellant [A.] was convicted by the High Court of the Canton of Aargau of gross negligence in traffic rules by disregarding the right of way and putting a non-roadworthy vehicle into service, and was sentenced to a conditional fine of 70 daily rates of CHF 220.-- and a subsidiary fine of CHF 2,000.--. The appellant had caused a traffic accident on December 2, 2016, in [V.] , by driving backwards out of a driveway onto [U.] strasse despite completely iced-up windows and cutting off a moped rider who had the right of way. The moped rider fell and suffered minor injuries.
The District Court of Kulm had acquitted the appellant of the charge of grossly negligent violation of traffic rules by putting a non-roadworthy vehicle into service, but had convicted him of grossly negligent violation of traffic rules by disregarding the right of way while driving in reverse, and had sentenced him to a conditional fine of 30 daily rates of CHF 220.-- and a subsidiary fine of CHF 1,200.--.
Considerations
The Federal Court dismissed the appellant's appeal. It found that the lower court had correctly evaluated the evidence and established the facts. The lower court had found that the appellant had driven backwards out of his driveway onto [U.] strasse despite approaching vehicles in both lanes, and had thus acted recklessly.
The Federal Court also found that the lower court had correctly assessed the…