Kernrechtsfrage
Whether the lower court’s factual assessment was arbitrary because it ignored relevant brake-spur evidence and the police expert’s conclusions.
Extrahierter Entscheid
Yes. The court held that relevant evidence was wholly excluded from the assessment, which rendered the fact-finding arbitrary.
Extrahierte Begründung
An assessment is arbitrary not only when it is illogical or manifestly wrong, but also when decisive facts from the investigation are ignored without reason. Here, the trial judge relied only on credibility assessments and failed to consider the photographed brake mark, the police report, and the expert’s testimony linking the collision to a possible 'shikanestopp'.