Kernrechtsfrage
Whether the administrative authority could depart from the prosecutor’s summary criminal order when qualifying the traffic offence
Extrahierter Entscheid
Yes. Because the criminal order was based only on the file and no hearing or further evidence, the administrative authority was free to make its own legal assessment.
Extrahierte Begründung
The criminal judgment is not binding in principle; departure is only restricted when the penal decision rests on a fuller factual basis or on issues already thoroughly examined.