Questão jurídica principal
Whether the defendant committed gross violation of traffic rules under Art. 90(2) SVG despite arguing lack of reckless subjective fault.
Decisão extraída
Yes. A 31 km/h excess speed outside town is objectively gross, and the circumstances did not reduce the conduct subjectively; he acted recklessly.
Fundamentação extraída
Such speeding generally implies at least gross negligence. Here, the defendant knew he was overtaking while the leading car was likely to accelerate to the permitted 80 km/h after the built-up area ended, and he should have aborted the maneuver once that became apparent.