Questione giuridica chiave
Whether the accident constituted a serious traffic offence under Art. 16c LCR or only a moderately serious offence under Art. 16b LCR.
Decisione estratta
The conduct amounted to a moderately serious offence, not a serious one, because the driver committed a lack of caution by adapting speed poorly to the wet, curved road, but no grave negligence was established.
Motivazione estratta
A serious offence requires both grave fault and serious danger. The record did not show excessive speed beyond the limit, acceleration in the curve, or exceptional weather such as heavy rain or aquaplaning. Comparable case law on loss of control due to inappropriate speed supported qualification as moderately serious.