Facts
The case concerns the revocation of the driver's license of Werner Fischer due to a violation of traffic regulations. On May 11, 1968, Fischer was driving on the main road from Rorschach towards St. Gallen and overtook a passenger vehicle in front of him. This resulted in an accident, in which Fischer's vehicle was significantly damaged, while the overtaken vehicle was only slightly damaged. All parties involved remained uninjured.
The Rorschach District Office subsequently discontinued the criminal proceedings against Fischer, as the actual course of events could not be clearly clarified. However, the competent administrative authority revoked Fischer's driver's license for three months. Fischer filed a complaint against this.
Considerations
The Federal Court states that the revocation of the driver's license is an administrative measure and not a punishment. The administrative authority is generally not bound by the findings of the criminal court, but should only deviate from them if there are special reasons for doing so.
In the present case, the Rorschach District Office did not examine all relevant legal issues, so the administrative authority was free to assess them…