Facts
The complainant [A.] was found guilty by the Public Prosecutor's Office of Inner Schwyz with a penal order of 12 February 2019 of intentional serious violation of traffic rules within the meaning of Art. 90 para. 2 RTA and was punished. The defendant lodged an objection against this penal order. After supplementing the investigation, the Public Prosecutor's Office issued a new penal order on 25 July 2019, with which it again found the defendant guilty of intentional serious violation of traffic rules within the meaning of Art. 90 para. 2 RTA and set the penalty at 40 daily rates of CHF 70.--, conditionally enforceable with a probation period of two years, and a fine of CHF 700.--.
The District Court of Schwyz found the defendant guilty with judgment of 25 June 2020 of intentional serious violation of traffic rules within the meaning of Art. 90 para. 2 RTA and sentenced him to a fine of 40 daily rates of CHF 70.00 and a conditional fine of CHF 700.00. The appeal by the defendant was dismissed in full by the Cantonal Court of Schwyz with judgment of 20 April 2021.
The complainant requests the Federal Court to overturn the appeal judgment and acquit him of the charges brought against him.
Considerations
The Federal Court dismissed the complaint by the complainant. The complainant alleged a violation of the right to remain silent under Art. 113 para. 1 CrimPC and a violation of the presumption of innocence and the principle "in dubio pro reo".
The Federal Court came to the conclusion that the allegation of a violation of the right to remain silent is unfounded. The lower court only took the complainant's silence into account in a subordinate manner in its assessment of the…