Acórdão nº 9540806 de Court of Appeal of Porto (Portugal), 08 de Janeiro de 1997
Magistrado Responsável | MILHEIRO DE OLIVEIRA |
Data da Resolução | 08 de Janeiro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: EM PARTE É REPETITIVO PROCREF9420568.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/SOCIEDADE / DIR ESTRADAL.
Legislação Nacional: DL 124/90 DE 1990/04/14 ART2 ART12. CONST92 ART18 N2 ART32 N2.
Sumário: I - As previsões e sanções criminais constantes do Decreto- -Lei 124/90, de 14 de Abril, não foram revogadas pelo Código da Estrada aprovado pelo Decreto-Lei 114/94, de 3 de Maio, continuando a constituir crime a condução sob a influência do álcool com Taxa de Álcool no Sangue igual ou superior a 1,2 g/l, bem como a recusa a exames, de acordo com os artigos 2 e 12 daquele primeiro diploma. II - O artigo 12 n.2 do Decreto-Lei 124/90 não é materialmente inconstitucional e por um lado, não comporta a alegada interpretação de que «está a presumir que...
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