Facts
The appellant [X.] was found guilty by the High Court of the Canton of Zurich of grossly violating traffic rules (Art. 90 para. 2 RTA) and was sentenced to 10 days in prison and a fine of CHF 3,000.--. The appellant had exceeded the signaled maximum speed of 100 km/h by 35 km/h (after deducting the tolerance) on the A1 highway in Wangen near Dübendorf on December 11, 2002.
The appellant filed a federal appeal and requested that the fine be reduced to the extent of proportionality, at most to 30% of the monthly net income. He argued that the imposed fine was disproportionate and constituted impermissible unequal treatment.
Considerations
The Federal Court examined the federal appeal and found that the lower court had correctly assessed the appellant's culpability in the context of the gross violation of traffic rules as severe. The lower court had also taken into account the relevant previous conviction and the appellant's lack of insight as aggravating factors.
The Federal Court found that the fine of CHF 3,000.-- was high, but did not appear to be unreasonably harsh. An abuse of discretion was to be denied. The comparisons drawn by the appellant with other cases did not change this assessment.
The Federal Court pointed out that sentencing was carried…