Questão jurídica principal
Whether the driver's speed and road position constituted gross violation of traffic rules under Art. 90 No. 2 SVG.
Decisão extraída
Yes. Driving at least 80 km/h into an unviewable curve on a wet road without sufficient stopping distance and crossing the safety line were objectively serious breaches creating an acute danger.
Fundamentação extraída
The court held that the speed was clearly inappropriate to the road, traffic and visibility conditions; the driver could not stop within the visible distance, and the safety line maneuver removed needed braking room. Gross negligence was also present.