Facts
The case concerns an individual, F., who was convicted of drunk driving and obstructing a blood test. The case was tried by the Swiss Federal Court. F. was found guilty and sentenced to 4 months in prison. He appealed the decision, contesting the determination of the sentence and the refusal to suspend the sentence.
The facts of the case are as follows: F. drove his vehicle while intoxicated on December 5, 1991, with a blood alcohol concentration of 2.03 grams per thousand. On December 14, 1991, he again drove his vehicle while intoxicated, although his driver's license had been revoked after the first incident. F. fled the scene of the accident without notifying the police or the owner of the property where it occurred.
The Swiss Federal Court examined F.'s appeal and considered the following factors: the severity of the offense, F.'s prior record, including his previous convictions for drunk driving, and the consequences of his actions.
Considerations
The Swiss Federal Court considered that old convictions expunged from the criminal record may be taken into account when determining the sentence. However, the expungement of these convictions may be an indication that they are no longer of great importance for fixing the sanction.
The Court examined the applicable legal provisions, including articles 63, 359, and 397bis of the Swiss Criminal Code, as well as article 13 of the ordinance on the criminal record. It considered that old convictions expunged from the criminal record are not non-existent and may be taken into account when determining the sentence.
The Court also…