Facts
The appellant [X.] was measured driving his motorcycle at 135 km/h on the Oberalpstrasse in Andermatt outside built-up areas during a speed check on 24 July 2008. After deducting the technically required safety margin of 4 km/h, the remaining excess of the permitted maximum speed outside built-up areas of 80 km/h was 51 km/h. The District Court of Ursern subsequently convicted [X.] of a serious violation of traffic regulations by exceeding the permissible maximum speed outside built-up areas. [X.] 's appeal against this judgment was dismissed by the High Court of the Canton of Uri.Considerations
The DFC upheld the decisions of the lower courts. It found that exceeding the maximum speed outside built-up areas by more than 30 km/h objectively constitutes a serious violation of traffic regulations pursuant to Art. 90 para. 2 RTA. The subjective elements of the offence were also fulfilled, as the appellant had acted recklessly. While the speedometer of the motorcycle may have displayed the actual speed incorrectly, the appellant could not rely on it. Based on the external circumstances such as wind, engine noise…