Facts
The appellant [X.] was driving his passenger car on the J15 towards Thayngen at 5:00 am on December 23, 1999 in the dark. When turning left at the Bibern/Hofen exit, he failed to yield the right of way to an oncoming vehicle travelling at around 80 km/h, resulting in a violent collision. Both drivers sustained injuries. By penal order of the Traffic Offences Office of the Canton of Schaffhausen dated March 21, 2000, [X.] was found guilty of gross violation of traffic regulations and sentenced to 14 days' imprisonment suspended and a fine of CHF 1,500. Upon objection, the High Court of the Canton of Schaffhausen on November 30, 2001 confirmed the conviction for gross violation of traffic regulations under Art. 90 para. 2 RTA, but reduced the sentence to 10 days' imprisonment suspended and a fine of CHF 1,500.Considerations
The Federal Supreme Court partially annuls the judgment of the High Court. It denies gross negligence of the appellant within the meaning of Art. 90 para. 2 RTA. While the appellant objectively committed a serious breach of important traffic regulations by failing to yield the right of way to the oncoming vehicle when turning left, his subjective conduct is not so serious as to amount to recklessness or gross negligence. The appellant stopped before turning to let two to…