Facts
The appellant, the Federal Roads Office (ASTRA), requests the annulment of the judgment of the Administrative Court of the Canton of Schwyz of July 22, 2013, and the withdrawal of the driver's license of the respondent, [X.] , for a period of three months. [X.] was traveling on the A14 highway from Lucerne in the direction of Küssnacht on July 3, 2012, and was driving on the left lane to overtake a vehicle in front of her. The video recording of a civilian police vehicle behind her showed that [X.] maintained a distance of 17.87 m or 0.57 seconds to the front vehicle on a measuring distance of 399.60 m.
The Traffic Office of the Canton of Schwyz qualified the offense of [X.] as serious and ordered a three-month withdrawal of the driver's license on April 10, 2013. The Administrative Court of the Canton of Schwyz amended this ruling in approval of an appeal by [X.] with a decision of July 22, 2013, reducing the duration of the driver's license withdrawal to one month.
Considerations
The Federal Court must examine whether the lower court violated federal law by affirming the objective requirement of a serious offense pursuant to Art. 16c RTA and not withdrawing the driver's license for at least three months pursuant to Art. 16c para. 2 lit. a RTA.
The law distinguishes between minor, medium, and serious offenses in the context of administrative driver's license withdrawal (Art. 16a-c RTA). A serious offense is present if the perpetrator disregards an important traffic regulation in an objectively serious manner and seriously endangers traffic safety.
The Federal Court has stated in its case law that a driver shows reckless driving and subjectively fulfills the offense of a serious traffic rule violation pursuant to Art. 90 no. 2 RTA if they intentionally drive with significantly too small a distance to pressure the front driver to accelerate or change…