Facts
The appellant [X.] caused a traffic accident with property damage on October 10, 2002, after which he fled the scene without informing the injured parties or notifying the police. The police then initiated a search, following which [X.] reported to the police the next morning. However, the police did not order a blood test. The District Court of Rorschach subsequently convicted [X.] of violating traffic regulations, dereliction of duty in the event of an accident, and obstruction of the blood test, sentencing him to a conditional prison term of three weeks and a fine of 1,500 Swiss francs. Both [X.] and the Public Prosecutor's Office appealed against this judgment. The Cantonal Court of St. Gallen upheld the conviction for obstruction of the blood test, violation of traffic regulations, and dereliction of duty in the event of an accident, but increased the fine to 5,500 Swiss francs.Considerations
The Federal Supreme Court holds that the conviction for obstruction of the blood test under Art. 91(3) of the former Road Traffic Act (SVG) was justified. The decisive factor is whether the police would very likely have ordered a measure to determine the blood alcohol concentration based on the circumstances of the accident. The lower court rightly affirmed this, as the course of the…