Facts
The appellant [X.] was driving a passenger vehicle on Schaffhauserstrasse in Beringen around 07:40 on 2 February 2006. During a police check, it was found that the windshield of the vehicle was completely iced over, with only a peephole of approximately 15 by 25 cm cleared. The side windows were also completely covered in ice, making unobstructed visibility of the road and traffic conditions impossible. The single judge of the Cantonal Court of Schaffhausen found [X.] guilty of driving a vehicle that was not roadworthy and sentenced him to a fine of CHF 300.--. The Public Prosecutor's Office appealed, whereupon the High Court of the Canton of Schaffhausen found [X.] guilty of gross violation of traffic regulations and sentenced him to a conditional fine of 10 daily rates at CHF 100.-- and a fine of CHF 400.--.Considerations
The Federal Supreme Court confirms the conviction for gross violation of traffic regulations under Art. 90 para. 2 RTA. The appellant had created an increased abstract danger to other road users by driving a vehicle with iced-over front and side windows that was not roadworthy. This fulfils the objective elements of Art. 90 para. 2 RTA, which takes precedence as a qualified provision over Art. 93 para. 2 RTA (driving a vehicle not in accordance with regulations).
The subjective…