Kernrechtsfrage
Whether conditional suspension of the 5-week prison sentence had to be granted under Art. 41 StGB
Extrahierter Entscheid
No. Given the defendant's prior record, repeated traffic offenses, and failure of previous warnings, the prognosis was unfavorable.
Extrahierte Begründung
The court held that all relevant circumstances must be assessed together. The lower court properly considered the defendant's youth, marriage, work situation, and financial stability, but these did not outweigh his repeated offending despite prior fines, a pending probation period, driver’s license sanctions, and traffic training. No misuse of discretion occurred.