Questão jurídica principal
Whether the refusal of conditional suspension of the monetary penalty violated Art. 42 para. 1 StGB
Decisão extraída
The appellate court failed to assess prognosis globally and gave excessive weight to prior convictions; the refusal was unlawful.
Fundamentação extraída
Art. 42 StGB requires only the absence of an unfavorable prognosis. All relevant circumstances must be weighed together, including the traffic-psychological report, which was not adequately considered.