Question juridique clé
Whether the monetary penalty could remain conditionally suspended under Art. 42 StGB
Solution extraite
The refusal of conditional suspension was lawful because the overall prognosis was unfavorable.
Motifs extraits
The court upheld the lower court’s assessment of repeated traffic-law violations, multiple relevant prior convictions, the short time between the new offences and the earlier penalty order, and the absence of remorse or insight. The first instance did not have to be followed where the prognosis assessment showed an abuse or overstepping of discretion.