Facts
On 5 April 2008, the appellant [X.] was driving his passenger car on the Wasgenring in Basel towards Allschwilerstrasse in heavy rain. At the intersection of Wasgenring/Blotzheimerstrasse, he collided with pedestrian [F.] , who was crossing the street 1-2 meters next to the pedestrian crossing while intoxicated. [F.] was thrown to the ground and remained seriously injured. The President of the Criminal Court of Basel-City convicted [X.] on 10 March 2010 of negligent serious bodily harm and simple violation of traffic regulations to a suspended fine. The Court of Appeal of the Canton of Basel-City dismissed [X.] 's appeal on 31 January 2012. [X.] lodges a criminal complaint, requesting to be acquitted of the charges of negligent serious bodily harm and simple violation of traffic regulations.Considerations
The Federal Supreme Court dismisses the complaint. It holds that the appellant violated his duty of care as a driver. Although the victim did not cross the street on, but 1-2 meters next to the pedestrian crossing, the appellant should have recognized him in time due to the specific circumstances and…