Questione giuridica chiave
Whether the driver's conduct amounted to a gross violation of traffic rules under Art. 90(2) SVG
Decisione estratta
The record did not contain sufficient factual findings to reliably assess whether the driver acted with gross negligence or recklessness; the lower decision had to be set aside and remanded.
Motivazione estratta
Art. 90(2) SVG requires an objectively serious violation and subjectively gross negligence. Because the factual findings on visibility, distance, road width, walking speed, and the duration of inattention were incomplete and partly contradictory, the court could not review whether unintentional gross negligence was present.