Kernrechtsfrage
Whether the conditional suspension of the 4-week prison sentence was justified despite a serious prior drunk-driving conviction.
Extrahierter Entscheid
The objective requirements for a conditional sentence were met, but the subjective requirement of a favorable prognosis was not; exceptional circumstances were not shown.
Extrahierte Begründung
Given the recent recidivism and the only partial, not radical, change in the offender's alcohol habits, the risk of reoffending was not sufficiently excluded. The court rejected a rigid recidivism rule in principle, but found that the overall assessment still did not support suspension here.