Key legal question
Whether a second drunk-driving offence committed before the first incident was adjudicated automatically excludes a suspended sentence under Art. 41(1) StGB.
Extracted holding
No. The later drunk-driving incident is a negative prognostic factor, but it does not automatically bar the grant of a suspended sentence; the prognosis must still be assessed in the overall circumstances.
Extracted reasoning
The court held that the prognosis for conditional sentencing must be based on a comprehensive assessment of the situation at the time of judgment. Prior convictions and continued offending during proceedings weigh against the accused, but a categorical exclusion would treat this offender more harshly than other repeat offenders whose prognosis is assessed case by case. The earlier special case law on drunk driving was no longer sustainable after BGE 118 IV 97.