Violation of traffic regulations due to disregard of right of way and lack of attention

Facts

On August 26, 2016, [X.] turned left with his vehicle from a gas station in Bad Zurzach towards Koblenz. This resulted in a collision with the car of [A.] , who was traveling on the Zürcherstrasse towards Rekingen. The Public Prosecutor's Office Brugg-Zurzach found [X.] guilty of a simple violation of traffic regulations by penal order dated November 1, 2016, and imposed a fine of CHF 300.--. Upon objection, the District Court of Zurzach confirmed the penal order on May 8, 2017, in terms of guilt and penalty. The appeal by [X.] was dismissed by the High Court of the Canton of Aargau on January 22, 2018.

Considerations

The appellant [X.] alleges that the lower court made an arbitrary assessment of the evidence and violated the principle of "in dubio pro reo" as a rule of assessment of evidence and burden of proof. The Federal Court examines these complaints from the perspective of arbitrariness and concludes that the appellant does not demonstrate any arbitrariness or violation of the presumption of innocence.

Furthermore, the appellant alleges a violation of Art. 26, Art. 27, and Art. 36 of the Swiss Road Traffic Act (SVG). The Federal Court notes that the appellant was subject to the right of way in relation to the road users on the Zürcherstrasse. He was allowed to assume that the other road users…