Corresponding §315d StGB It is a criminal offense to drive a motor vehicle driver at an inappropriate speed and in a grossly illegal and inconsiderate manner in order to reach the highest possible speed.
Section 315d Paragraph 1 No. 3 StGB should, according to the will of the legislature, in the sense of an abstract endangerment offense, cover those cases in which only a single vehicle is objectively and subjectively reproducing a motor vehicle race. However, mere speeding should not be considered criminal offense Section 315d Paragraph 1 No. 3 StGB be recorded (cf. BT-Drs. 18/12964, S. 6). Rather, only such acts are relevant to the facts that objectively and subjectively protrude from the number of fined speed violations – this means that the mere speeding – even if it is significant – is not subject to criminal liability Section 315d Paragraph 1 No. 3 StGB should be recorded (see Higher Regional Court Cologne, 1 RVs 45/20), the perpetrator must also move around in a grossly illegal and inconsiderate manner. This point is still underestimated by the courts.
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