Acórdão nº 0009833 de Supremo Tribunal Administrativo (Portugal), 27 de Março de 1996 (caso None)
Magistrado Responsável | SANTOS CARVALHO |
Data da Resolução | 27 de Março de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CRIM - TEORIA GERAL / DIR ESTRADAL. DIR ORDEN SOC.
Legislação Nacional: CP95 ART69 ART101 N2 C ART102 ART292. CE94 ART87 N2 ART135 ART138 N1 ART141 N2 ART149 I. DL 433/82 DE 1982/10/27 ART20.
Sumário: I - A proibição de conduzir veículos automóveis motorizados é uma pena acessória e está contemplada no artigo 69 do Código Penal 95, enquanto que a cassação da licença de condução é uma medida de segurança e está prevista no artigo 101 do mesmo Código; II - O crime do artigo 292 do Código Penal 95 coexiste com a contra-ordenação prevista no artigo 87, n. 2 do Código da Estrada 94; III - Sendo assim, o facto do artigo 292 do CP95 prever agora o crime de condução sob o efeito do álcool não obsta a que, para além da pena aí cominada, se aplique a esses casos a sanção acessória de inibição de conduzir, prevista, para as contra-ordenações muito graves, no artigo 141, n. 2 do Código da Estrada 94; IV - Na condução de veículo motorizado com uma TAS igual ou superior a 1,2 g/l concorrem duas penas acessórias possíveis de...
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