Facts
The case concerns a motorist named S. who, on February 6, 1990, approached the Neuhof intersection in Lenzburg at a speed of 50-55 km/h. When he was at least 55 m from the stop line, the traffic light changed from green to yellow. Although his stopping distance was only 26.4 m, he continued to drive at the same speed and reached the intersection as the light had already turned red. At the intersection, a collision occurred with another passenger vehicle, resulting in only minor property damage.
On October 17, 1991, the High Court of the Canton of Aargau convicted S. of disregarding the red light under Art. 90 para. 1 of the Swiss Road Traffic Act (SVG) and imposed a fine of CHF 80.--. The Public Prosecutor's Office of the Canton of Aargau then filed a federal nullity appeal, requesting that the judgment be overturned and the case be remanded to the lower court for sentencing under Art. 90 para. 2 SVG.
Considerations
The Federal Court held that the objective elements of Art. 90 para. 2 SVG were fulfilled, as S. had driven through the intersection at a red light without being certain that it was free of traffic. The subjective requirements were also met, as S. continued to drive at the same speed despite having sufficient time to stop during the yellow phase, and thus acted recklessly and with gross…