Kernrechtsfrage
Whether the cantonal court wrongly refused a suspended sentence under Art. 41 CP because it assessed only the defendant's attitude and denial of sleep at the wheel.
Extrahierter Entscheid
Yes. The subjective prognosis under Art. 41 CP must be based on an overall assessment of the offender's character and circumstances; the court could not refuse suspension solely because the defendant denied falling asleep.
Extrahierte Begründung
The lower court focused only on lack of remorse. The Federal Court held that denial of one factual version does not necessarily mean absence of repentance, especially where the accused admits fault through inattention. It also failed to consider the defendant's age, clean record, and the possibility of a conduct rule prohibiting driving.