Facts
On March 16, 1988, S. was driving his passenger car on Steinbachstrasse in Belp towards the village and intended to turn right into the Moosblickweg, which branched off at an acute angle. Shortly before the turn, he slowed down from an initial speed of 60-70 km/h, swerved slightly to the left over the center of the road, and then turned right. He only activated the turn signal when turning right, and that too late. Behind him, G. was driving at a speed of 55-60 km/h. As G. did not brake his passenger car sufficiently, a collision occurred at the turn into the Moosblickweg.
The President of the Court in Seftigen convicted G. of a simple traffic violation, committed through inattentive driving of a passenger car, and imposed a fine of CHF 80.--. G. appealed and requested acquittal. The Attorney General of the Canton of Bern supported this request. The High Court of the Canton of Bern dismissed the appeal and upheld the decision of the court of first instance.
G. filed a federal nullity appeal, requesting that the contested judgment be set aside and the case be remanded to the lower court for a new assessment.
Considerations
The Federal Court held that the lower court rightly affirmed a violation of Art. 31 para. 1 SVG in conjunction with Art. 3 para. 1 VRV by the appellant. The appellant should have exercised increased attention due to the unclear traffic situation and reduced his speed in order not to be surprised by the traffic situation. The turn of the…