Facts
The case concerns a driver ([X.] ) who exceeded the posted speed limit of 60 km/h within the town of Zurich-Altstetten by a tolerance-adjusted 27 km/h. The Public Prosecutor's Office of the Canton of Zurich appealed the first-instance judgment, in which [X.] was found guilty only of a simple violation of traffic regulations and fined 500 Swiss francs. The High Court of the Canton of Zurich upheld the first-instance judgment but increased the fine to 700 Swiss francs.
The Public Prosecutor's Office of the Canton of Zurich then filed a federal nullity appeal with the request to set aside the judgment of the High Court and remand the case for a new assessment to the lower court.
Considerations
The Federal Supreme Court states that according to its case law, speed exceedances within a town of 25 km/h or more, regardless of the specific circumstances, fulfill the qualified offence of a serious violation of traffic regulations under Art. 90 para. 2 RTA. The lower court had argued that on the Europabrücke, due to its structural characteristics, conditions rather outside of towns prevailed and therefore an exceedance of the posted speed limit of 60 km/h by 27 km/h should only be considered a simple violation of traffic regulations.
The Federal Supreme Court disagrees with this view. It states that the posted speed limit of 60 km/h is within the town and the transition from the urban to the rural area is often fluid. Especially on such "atypical" urban road sections, compliance with the speed limit is particularly important, as drivers often become more negligent here. Therefore, an exceedance of the posted speed limit within a town by 25…