Facts
The appellant [X.] was measured on a road outside of town at a speed of 115 km/h on March 25, 2013 at 08:36, which, after deducting the measurement uncertainty of 4 km/h, meant an excess of the permitted speed limit of 80 km/h by 31 km/h. He reached this speed during an overtaking manoeuvre, but subsequently reduced it to around 94 km/h. The President of the District Court of Laufenburg then convicted him of a serious traffic violation and imposed a suspended fine. [X.] appealed, but the High Court of the Canton of Aargau dismissed the appeal. He then filed a criminal law appeal with the DFC.
Considerations
The DFC confirmed the conviction for a serious traffic violation. It stated that the objective elements of Art. 90 para. 2 RTA were fulfilled, as [X.] had exceeded the permitted speed limit on roads outside of town by 30 km/h or more. In principle, at least grossly negligent conduct must be assumed in…