Kernrechtsfrage
Whether the cantonal authorities and the cantonal court unlawfully increased the minimum warning withdrawal by relying on a tariff-like Aargau practice and double-counting recidivism.
Extrahierter Entscheid
Recidivism may not be counted twice, both as fault and as driving record; after the five-year period, the minimum withdrawal under Art. 17 Abs. 1 lit. b SVG applies and must be individualized under Art. 33 Abs. 2 VZV.
Extrahierte Begründung
The court held that the legal scheme already accounts for recidivism in Art. 17 Abs. 1 lit. d SVG. After five years, the time factor may not be given disproportionate weight, and standardized tariffs are unlawful if applied schematically without case-specific assessment.