The Aargau upper court must reduce the penalty for a man who went on a neighborhood street in Rothrist AG 51 km/h too fast. The Federal court is satisfied that a conditional sentence of imprisonment of 20 months.
The Lausanne judges in a on Friday published a decision, according to the file, it can be seen that, in addition to excessive speed in the circumstances, it had not been, which would have increased the risk of an accident with serious injuries or fatalities.
those Who drive in urban areas at least 50 km/h too fast, fulfilled in accordance with the road traffic act, the racer-facts. Because of the Aargauer has exceeded this limit only slightly, to move his sentence pursuant to the Federal court, however, in the lower area of the criminal framework. Permitted a sentence of imprisonment of a maximum of four years.
The penalty recommendations of the Swiss prosecutors conference for a speed limit indicator, such as the present imprisonment of one year or more. While the Federal court has upheld the complaint of the husband in relation to his pace, excess, is one of the Aargau in another point.
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Although the driver's licence had been removed, drove the man on the forecourt of his employer, various service vehicles. Because the forecourt is a public road, gave him the district court of Zofingen in favour of an unconditional monetary penalty of 30 daily rates to 120 francs.
The Aargau upper court changed the penalty to a conditional monetary penalty in the same amount. It imposed, however, a fine of 500 francs to pay the man after the judgment of the Federal court, in any case.
According to the Federal court is not the Supreme court imposed penalty to a tightening. According to the so-called prohibition of Deterioration had not been violated contrary to the view of the Complainant.
the Penalties for speeders-event must be located in the Aargau upper court again. The Federal court dismissed the application of the Supreme court, to decide themselves about the amount of the penalty. There is no appropriate court as the lower court, the Federal court. It could be the discretion of the lower court. (aru/sda)
Created: 22.03.2019, 13:25 PM