Key legal question
Whether X violated the duty to consider following traffic when moving into left-turn preselction and turning left.
Extracted holding
Yes. The court held that the finding that X did not look in his rear-view mirror before moving into preselction established a breach of the duty to care for vehicles following him.
Extracted reasoning
Art. 34 para. 3 LCR requires a driver changing direction or moving into preselction to pay attention to following traffic. Since the appellant's challenge relied on facts contrary to those definitively found below, it was inadmissible. The possible fault of the overtaking driver did not matter because criminal law does not recognize compensatio culpae.