Facts
On Sunday, June 17, 1990, at 11:00 a.m., S. as the driver of a vehicle disregarded the red light at the intersection of Überlandstrasse/Mutschellenstrasse in Dietikon. By penal order of the District Attorney's Office of the Canton of Zurich, he was fined CHF 1,200 for a serious violation of traffic regulations within the meaning of Art. 90 para. 2 RTA. Upon his objection, the single judge found him guilty of a violation of traffic regulations within the meaning of Art. 90 para. 1 in conjunction with Art. 27 para. 1 RTA and Art. 68 para. 1 RTO and fined him CHF 80. On appeal by the Public Prosecutor's Office, which requested the application of Art. 90 para. 2 RTA, and by the convicted person, who requested the application of the summary fine procedure, the High Court of the Canton of Zurich confirmed the conviction of the single judge and imposed a fine of CHF 250.
Both the Public Prosecutor's Office of the Canton of Zurich and S. filed a federal nullity appeal against this decision.
Considerations
According to the case law, Art. 2 lit. a SFP is to be understood as meaning that the summary fine procedure is excluded not only in the case of a concrete, but already in the case of an increased abstract endangerment of persons. The case law also assumes a serious danger to the safety of others within the meaning of Art. 90 para. 2 RTA already in the presence of an increased abstract endangerment.
In the present case, the Federal Court affirmed an increased abstract endangerment, as the driver turning in from the left could easily be startled by relying on the traffic regulation by traffic signals and be induced to make a wrong reaction, which would have…