Questão jurídica principal
Whether the 36 km/h motorway speeding constituted a serious traffic violation under Art. 90 ch. 2 aLCR.
Decisão extraída
Yes. The speed excess was objectively and subjectively serious; no mitigating circumstance rebutted the presumption of gross negligence or lack of scruples.
Fundamentação extraída
For motorway speeding, case law treats an excess of 35 km/h or more as objectively serious irrespective of concrete circumstances. The road layout and signage did not provide a favorable factor; the junction created particular danger through lane changes, and the defendant's attacks on signage legality were inadmissible or unfounded.