Kernrechtsfrage
Whether the appellate court violated arbitrariness and in dubio pro reo by rejecting the theory that the driver swerved to avoid an animal.
Extrahierter Entscheid
No. The court could reasonably treat the avoidance explanation as only a theoretical possibility and convict on the evidence.
Extrahierte Begründung
The driver cut a blind curve at excessive speed, which fit his established risky driving pattern; there were no concrete indications of an animal, and the asserted manoeuvre was incompatible with normal driving reactions and the collision dynamics.