Kernrechtsfrage
Whether the appeal against the conviction for gross violation of traffic rules should be allowed because the reasoning on serious danger was insufficient
Extrahierter Entscheid
The appeal is upheld and the cantonal judgment is set aside because the findings do not sufficiently establish whether the oncoming driver's emergency braking was necessary in the concrete situation.
Extrahierte Begründung
The court accepted that the overtaking maneuver was objectively contrary to Art. 35 SVG, but serious danger under aArt. 90 Ziff. 2 SVG required concrete assessment of the actual situation. The lower court failed to determine when the maneuver was aborted, the distance between the vehicles, and whether braking remained necessary after the maneuver was discontinued.