Questione giuridica chiave
Whether finding the appellant to be the driver was arbitrary and violated the presumption of innocence/in dubio pro reo.
Decisione estratta
Yes. The cantonal court could not exclude the spouse as the driver without further evidence; relying only on an imprecise photo was arbitrary.
Motivazione estratta
The appellant and his wife were the only possible drivers. The court accepted resemblance to the appellant, but it made no inquiries to exclude the wife, such as summoning her or ordering a reconstruction. In these circumstances, the finding of guilt lacked a sufficient evidentiary basis.