Facts
The case concerns H., whose driver's license was revoked from December 8, 1993 to January 7, 1994. Despite the legally binding revocation order, H. continued to work as a professional driver in December 1993. The District Administrator of Laufenburg subsequently fined H. with a penal order for driving delivery and passenger vehicles despite having a revoked driver's license. The reasoning stated that H. had not returned the revocation order, as he had assumed he only needed to report back once the date for military service was set. Based on the investigations, it was established that H. did not intend to evade the license revocation, but had been under a significant misunderstanding.
H. filed a complaint against this decision. The Federal Court remanded the case to the lower court for re-evaluation, as the reasoning appeared contradictory. The Administrative Court subsequently dismissed the complaint again, whereupon H. filed an administrative court appeal with the Federal Court.
Considerations
The Federal Court concluded that the criminal court had found simple negligence, as it had refrained from imposing the normally mandatory custodial sentence and had only imposed a fine of CHF 300. From these circumstances, it can be concluded that the criminal court had found simple negligence.
According to case law and legal doctrine, in cases of driving a motor vehicle despite revocation of the driver's license due to simple negligence, the minimum…