Acórdão nº 040948 de Supremo Tribunal Administrativo (Portugal), 31 de Maio de 1990 (caso None)
Data | 31 Maio 1990 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO PARCIAL.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL.
LegislaÁ„o Nacional: CE54 ART58 N4 ART59 B ART61 N4. CP82 ART46 N1 ART136.
Sum·rio : I - A conduta do reu que causa um acidente de viaÁ„o, apenas por sua distracÁ„o e n„o por excesso de velocidade ou qualquer manobra perigosa, integra a autoria do crime previsto e punido pelo artigo 58 n. 4 do Codigo da Estrada, com referencia ao artigo 136 do Codigo Penal, e n„o, no do artigo 59, alinea b) do Codigo da Estrada. II - E manter a inibiÁ„o da faculdade de conduzir, n„o obstante se tratar de primeiro acidente e de este derivar de distracÁ„o do reu e n„o da pratica de contravenÁ„o voluntaria, por nada no processo indiciar que de futuro sera mais cuidadoso, n„o se podendo tambem esquecer as consequencias graves do acidente, com uma vitima mortal que em nada contribuiu para ele. III - N„o ha que...
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