Acórdão nº 9740569 de Supremo Tribunal Administrativo (Portugal), 11 de Março de 1998 (caso None)
Data | 11 Março 1998 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC CONTRAORDENACIONAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR ORDEN SOC. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP95 ART34 N1 ART35 ART69 N2 B. CE94 ART53.
Sumário: I - Dando-se como provado que o arguido, quando conduzia numa auto-estrada o seu veículo automóvel ligeiro, o veio a parar na berma direita por notar que o motor se encontrava em estado de sobreaquecimento, telefonando nessa ocasião a uma oficina de automóveis para se aconselhar, sendo certo que não criou perigo quer para os restantes utentes da via em questão quer para a segurança do tráfego, há que concluir aplicar-se ao caso o disposto no n.2 do artigo 35 do Código Penal de 1995, pois o arguido agiu, pelo menos, no quadro do "...
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