Facts
The complainant [X.] drove on July 10, 2005, at 23:30, with his car on the T10 highway in the direction of Müntschemier and missed the Kerzers exit. Subsequently, he stopped on the hard shoulder and drove backwards on it for about 60 to 80 m to leave the highway in the direction of Kerzers.
The investigating judge of the canton of Fribourg found the complainant guilty of gross violation of traffic rules and sentenced him to 5 days of conditional imprisonment and a fine of 800 francs. The court of the lake district of the canton of Fribourg sentenced him in the appeal procedure for violation of traffic rules to a fine of 600 francs.
The Road Traffic and Shipping Office (Police and Military Directorate of the Canton of Bern) withdrew the complainant's driver's license for one month. The Appeals Commission of the Canton of Bern for Measures against Vehicle Drivers dismissed the complaint filed against the decision of the Road Traffic and Shipping Office.
Considerations
The Federal Court considers that the contested judgment was rendered before the entry into force of the Federal Act on the Federal Court of June 17, 2005, and that the appeal procedure is governed by the previous law.
The complainant argues that the lower court wrongly assumes that a simple abstract endangerment is sufficient for a license withdrawal. The lower court is bound by the criminal judgment if it was rendered in ordinary proceedings, unless there are clear indications of the incorrectness of this finding of facts.
The descriptions of the offense for the withdrawal of the driver's license and the criminal sanction do not coincide, but there are certain parallels. A gross violation of traffic rules in the sense of Art. 90 No. 2 RTA corresponds to a…