Kernrechtsfrage
Whether the indictment principle was violated because the court relied on circumstances not expressly mentioned in the charge
Extrahierter Entscheid
No. The court may concretize the charged facts using the time, traffic conditions, and the accused's own statements, so long as it does not go beyond the indictment's factual basis.
Extrahierte Begründung
The charge described the essential conduct sufficiently; the defendant knew from the outset what was alleged and could defend himself. Normative conclusions and legal qualification are not bound by the prosecution's characterization.