Facts
The case concerns a motorcyclist named Hans Zaugg, who was driving on Gellertstrasse in Basel towards St. Albantor on April 17, 1954. At the intersection of St. Albanring and Gellertstrasse, he unsuccessfully attempted to overtake a passenger car in front of him. He later managed to complete the maneuver. Before the intersection of Gellertstrasse and Zürcherstrasse, Zaugg suddenly braked the motorcycle in order to annoy the driver Dr. Monsch, who was following him, as the latter had allegedly prevented him from overtaking earlier. Dr. Monsch was only able to avoid a collision by braking abruptly.
The Court of Appeal of the Canton of Basel-Stadt convicted Zaugg of improper driving under Articles 25(1), 26(3), and 27(1) of the Motor Vehicle Act (MFG) and sentenced him to three days in prison. Zaugg then filed a nullity appeal with the Court of Cassation, requesting that the judgment be overturned and that he be acquitted.
Considerations
The Court of Cassation dismissed the appeal. It stated that, according to the established case law of the Federal Court, overtaking at intersections falls under the overtaking prohibition of Article 26(3) MFG, as such locations pose an accumulation of dangers that the attention of road users may not be able to cope with. Zaugg was therefore rightly found guilty of violating this article, even though he did not complete the overtaking maneuver.
Regarding the sudden braking, the Court of Cassation decided that Article 25(1) MFG obliges the driver to adapt the speed to the road and traffic conditions and to operate the vehicle in such…