Kernrechtsfrage
Whether the administrative authority was bound by the prosecutor’s legal assessment in the penalty order
Extrahierter Entscheid
No. Because the penalty order was issued by the prosecution authority without a court hearing and only police interviews were available, the administrative authority could depart from that legal qualification.
Extrahierte Begründung
The court distinguished the usual case law on deference to criminal findings: that deference presupposes a judicial criminal decision with stronger evidentiary safeguards. Here, no oral hearing, no judicial determination, and no direct examination of the accused or witnesses took place; the administrative authority therefore remained free to assess the traffic offence independently.