Questione giuridica chiave
Whether the 2-year custodial sentence violated Art. 63 CP because it was excessively severe.
Decisione estratta
No. Given the very serious negligence, prior drunk-driving conviction, repeated drunk driving, and the tragic consequences, the cantonal court did not abuse its discretion in setting the sentence at 2 years.
Motivazione estratta
The Federal Court reiterated that sentence fixing is reviewed only for abuse of discretion. It held that the cantonal court properly weighed aggravating factors, including the recourse to driving while heavily intoxicated despite knowing the risks, the repetition of the behavior over years, and the fact that the case was close to eventual intent. Mitigating factors such as remorse, abstinence, and favorable personal circumstances could only partially offset the fault.