Kernrechtsfrage
Whether the defendant had an unfavorable prognosis justifying revocation of the suspended fine and an unsuspended prison sentence
Extrahierter Entscheid
The appellate court's prognosis assessment was largely upheld, but the federal court held that the resulting sentence structure was unlawful because it converted the prior suspended fine into a harsher prison sentence.
Extrahierte Begründung
The court accepted the lower court's prognosis evaluation based on repeated relevant prior convictions, repeated traffic offences, lack of remorse, and the limited significance of later good conduct. However, the court held that the lower court could not worsen a final prior sentence by converting the suspended fine into imprisonment for aggregation purposes.