Kernrechtsfrage
Whether the conduct constituted gross traffic rule violation under Art. 90(2) SVG or only simple violation under Art. 90(1) SVG.
Extrahierter Entscheid
The defendant acted negligently and violated traffic rules, but the subjective element of gross negligence/ruthlessness required by Art. 90(2) SVG was not proven; the offense was only simple violation under Art. 90(1) SVG.
Extrahierte Begründung
The cyclist was hard to detect because of darkness, rain, lack of street lighting, dark clothing, and weak bicycle lighting. The defendant could not foresee the danger in time; her failure was an unbewusste Fahrlässigkeit, not a particularly blameworthy disregard for safety.