Question juridique clé
Whether the speeding and pedestrian-right violations amounted to gross traffic offences under Art. 90(2) SVG
Solution extraite
No. The conduct constituted only ordinary traffic-rule violations because the record did not show a concrete danger or an increased abstract danger near enough to a concrete harm.
Motifs extraits
The court found no concrete endangerment of the overtaken driver or the pedestrian, and no sufficient basis for an increased abstract danger. The pedestrian did not step onto the crossing, and the lower court had not established facts showing that the speed alone created the level of danger required by Art. 90(2) SVG.