Question juridique clé
Whether the appellant was entitled to have the fine executed as community service under Art. 79a StGB.
Solution extraite
Community service was properly refused because a concrete risk of further offences could be inferred from the appellant's statements; his financial situation was irrelevant.
Motifs extraits
The court accepted the lower authority's assessment that the appellant did not see why he was being punished, did not express willingness to change his conduct, and remained likely to repeat the prohibited phone use while driving. Under Art. 79a StGB, community service is excluded if further offences are to be expected.