Facts
On 3 December 1971, X. was driving his Alfa Romeo vehicle on the Suhr Valley road towards the motorway interchange in Kölliken. As he approached the intersection at a speed of approximately 100 km/h, the truck driven by Y. exited the motorway and turned onto the Suhr Valley road towards Oberentfelden. Despite immediate braking, X. collided with the left side of the truck, sustaining moderately serious injuries. The District Court of Zofingen convicted X. for failure to adapt speed under Art. 32 para. 1 RTA and for lack of caution in the presence of indications of faulty behavior under Art. 26 para. 2 RTA, fining him 60 francs. The Cantonal Court of Aargau acquitted X. of the charge of violating Art. 26 para. 2 RTA, confirmed the conviction for Art. 32 para. 1 RTA, and reduced the fine to 40 francs.
Considerations
The Federal Supreme Court examines whether the appellant's speed of 100 km/h was adapted to the circumstances. According to Art. 32 para. 1 RTA, the speed must always be adapted to the conditions, particularly of the road and traffic. Although the assessment of local conditions is generally within the competence of the cantonal judge, the Federal Supreme Court can deviate from this if it is necessary. In the present case, the Cantonal Court considered that the speed should have been limited to 80 km/h due to the deteriorating visibility when approaching the intersection and the various lanes and exits of the motorway interchange requiring special attention. However, the Federal Supreme Court considers that these dangers were not present at the time of the collision,…