Facts
The appellant [X.] , born in 1985, was sentenced by the District Court of Zurich on 12 December 2006 to 2 years' imprisonment for serious violation of traffic regulations. [X.] appealed against this judgment, and the Zurich-Limmat Public Prosecutor's Office filed a cross-appeal. The High Court of the Canton of Zurich also sentenced [X.] to 2 years' imprisonment on 27 September 2007. However, it ordered a partially suspended sentence, with 1 year of the sentence to be served and 1 year suspended on probation. Furthermore, the High Court instructed [X.] not to drive any motor vehicles other than those in category F during the probation period. [X.] appealed against this judgment to the Federal Supreme Court in criminal matters. He requested that the sentence be reduced to 6 months, that the entire sentence be suspended, and that the instruction be waived.Considerations
The Federal Supreme Court initially held that the lower court had correctly determined the sentence and had taken into account all the essential circumstances. The sentence of 2 years' imprisonment was high, but not unjustifiably harsh. There was no violation of the principle of equal treatment or the prohibition of arbitrariness. However, the Federal Supreme Court considered the partially suspended sentence to be contrary to federal law. Since there was no unfavourable prognosis for the appellant's…