Acórdão nº 9540641 de Court of Appeal of Porto (Portugal), 22 de Novembro de 1995
| Magistrado Responsável | PEREIRA MADEIRA |
| Data da Resolução | 22 de Novembro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Indicações Eventuais: CITA PROFESSOR FIGUEIREDO DIAS IN AS CONSEQUÊNCIAS JURÍDICAS DO CRIME PAG246 E PAG165.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART46 N3 ART48 N1 ART71 ART72. DL 124/90 DE 1990/04/14 ART2 N1. CP95 ART44 ART50 ART69 N1 ART70 ART71 ART292.
Sumário: I - Comete o crime de condução sob o efeito do álcool previsto e punido no artigo 2 n.1 do Decreto-Lei n.124/90, de 14 de Abril, o arguido que, no dia 28 de Maio de 1995, na via pública, conduzia um veículo ligeiro de passageiros, apresentando uma Taxa de Álcool no Sangue de 2,44 g/l; II - Tratando-se de um agente com 41 anos de idade, sem antecedentes criminais, justifica-se a sua condenação em 3 meses de prisão substituida por igual tempo de multa, esta em alternativa com 2 meses de prisão, porque a simples pena pecuniária apresenta-se suficientemente forte para prevenir a prática de futuras...
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