Acórdão nº 9210621 de Court of Appeal of Porto (Portugal), 03 de Fevereiro de 1993
Magistrado Responsável | BAIÃO PAPÃO |
Data da Resolução | 03 de Fevereiro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART403. CE54 ART61 N2 D.
Jurisprudência Nacional: AC STJ DE 1988/10/19 IN CJ T5 ANOXIII PAG11. AC RC DE 1984/10/10 IN CJ T4 ANOIX PAG83.
Sumário: I - Não sendo manifesto que o arguido circulasse com " excesso de velocidade relativa " ( velocidade não inferior a 60 kilómetros/hora, fora da localidade ), mas antes que a verdadeira causa do acidente mortal foi a sua desatenção, deve alterar-se a qualificação feita na sentença, do crime previsto e punido pelo artigo 59, alínea b), parte final, do Código da Estrada para o do artigo 136, do Código Penal, agravado pelo número 4 do artigo 58, do primeiro destes diplomas, apesar de o objecto do recurso se restringir à medida da inibição da faculdade de conduzir. II - Todavia, apesar dessa alteração, conjugada com as circunstâncias apuradas, justificarem um abaixamento da pena de prisão, a fixada na primeira instância não pode ser alterada por causa da limitação do objecto de recurso, visto que a aplicada cabe na moldura abstracta correspondente à qualificação operada. Mas impõe-se a revogação da pena...
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