Serious speeding offence outside built-up areas as a gross violation of traffic regulations

Facts

The appellant S. exceeded the general speed limit of 80 km/h outside built-up areas by 43 km/h on the main road between Gümmenen and Laupen on 6 April 1991. On 20 October 1994, the President of the District Court VIII of Bern convicted him of a gross violation of traffic regulations pursuant to Art. 90 para. 2 RTA and imposed a fine of CHF 940.--, which could be expunged after a probationary period of 1 year. Upon S.'s appeal, the Cantonal Court of Bern upheld this decision on 14 February 1995.

S. filed a federal nullity appeal with the request to set aside the judgment of the Cantonal Court. However, the Federal Supreme Court dismissed the appeal.

Considerations

The Federal Supreme Court stated that the requirements of Art. 90 para. 2 RTA are fulfilled if the perpetrator has grossly disregarded an important traffic regulation and has endangered traffic safety in the abstract or concrete sense. Subjectively, the offence requires that the perpetrator can be accused of at least gross negligence due to reckless or otherwise seriously unlawful conduct.

A serious danger to the safety of others within the meaning of Art. 90 para. 2 RTA is already given in the case of an increased abstract danger. The increased abstract danger presupposes the obvious possibility of a concrete danger or injury.

The Federal Supreme Court held that in the case of an excess of the permissible speed limit by significantly more than 30 km/h, the requirements of Art. 90 para. 2 RTA are fulfilled regardless of the concrete circumstances. The…