Acórdão nº 9130582 de Court of Appeal of Porto (Portugal), 27 de Novembro de 1991
Magistrado Responsável | FONSECA GUIMARÃES |
Data da Resolução | 27 de Novembro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. PROVIDO PARCIALMENTE. ALTERADA A DECISãO.
Indicações Eventuais: O PONTO SUMARIADO EM 2 CONSTITUI A ORIENTAçãO MAIS RECENTE DA JURISPRUDENCIA DA RELAçãO DO PORTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: DL 400/82 DE 1982/09/23 ART3 N2. CP82 ART46 N1. CE54 ART59 B ART61 N2 D.
Sumário: 1- A pena de 10 meses de prisão e 90 dias de multa a taxa de 200 escudos/dia, com inibição da faculdade de conduzir por 10 meses ( Art. 61 n. 2 - d), do C. E.) deve ser agravada para um ano de prisão e 10 meses de multa a 300 escudos/dia e um ano de inibição da faculdade de de conduzir se o crime de homicidio involuntario foi praticado com culpa grave e exclusiva, com violação das mais elementares regras de cautela ( excesso de velocidade e ultrapassagem indevida ) e o arguido não confessou nem reconheceu a sua conduta, tendo ainda em consideração as exigencias de prevenção geral e especial, as suas condições pessoais ( casado com mulher domestica e com tres filhos ) e a sua situação economica (...
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