Facts
On March 7, 1999, the appellant X., a physician, exceeded the permissible speed limit of 50 km/h within a built-up area in Gunten by 21 km/h with his passenger vehicle. Consequently, the Department of the Interior of the Canton of Solothurn revoked X.'s driving license for a duration of one month on July 15, 1999. The appeal filed by X. against this decision was dismissed by the Administrative Court of the Canton of Solothurn on November 8, 1999.
X. then filed an administrative court appeal, requesting the annulment of the Administrative Court's judgment and the remand of the case for a new assessment.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that in the case of exceeding the general speed limit within a built-up area by 21 to 24 km/h, a medium-level offense should be assumed at least objectively. However, the authorities must in each case examine and weigh the extent of the danger and the degree of fault in order to decide whether a serious case exists and what revocation duration is appropriate.
In the present case, the appellant exceeded the speed limit by 21 km/h. Since he has done so, as a rule, intentionally or at least with gross negligence, his fault is not minor. There are no special circumstances that could justify waiving the license…