Acórdão nº 9540998 de Court of Appeal of Porto (Portugal), 14 de Fevereiro de 1996
Magistrado Responsável | NEVES MAGALHÃES |
Data da Resolução | 14 de Fevereiro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
Legislação Nacional: CP82 ART48 ART136.
Sumário: I - Haverá « negligência grosseira : se se mostrar que o agente desrespeitou um particular dever de representação, conexo com a prática de um facto proibido por lei. II - « Provado que toda a conduta contravencional do arguido e reveladora de imprudência e imperícia derivou da condução feita com ingestão de álcool em excesso ( 1 gr/l )... nada permite inferir pela culpa na produção do acidente, qualificando-a de negligência grosseira :. III - Atendendo aos critérios de determinação da medida da pena consagrados; à personalidade demonstrada pelo arguido ( é esta a 1ª vez que responde, confessou os factos, é bem considerado pelas pessoas das suas relações, é tido como homem sério, não bebe habitualmente, comporta-se bem na estrada ); às suas condições de vida ( casado, 22 anos, mulher doméstica e um filho de 4 meses, vive com os sogros e é por eles ajudado, trabalha esporadicamente como trolha ); à ausência de antecedentes criminais; à circunstância de a indemnização civil estar...
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