Acórdão nº 9450215 de Court of Appeal of Porto (Portugal), 04 de Maio de 1994
Magistrado Responsável | CORREIA DE PAIVA |
Data da Resolução | 04 de Maio de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CE54 ART61. L 3/82 DE 1982/03/29 ART7 ART12 N1 ART14. CP82 ART46 ART48 ART65 ART71 ART72. DL 124/90 DE 1990/04/14 ART2 N1 ART3 ART4 N1 N4 ART14 N1 ART16 N1. CONST92 ART30 N4.
Jurisprudência Nacional: ASS STJ DE 1992/04/29 IN DR IS-A 1992/07/10. AC TC N337/86 DE 1986/12/09 IN DR IS-A 1986/12/30.
Sumário: I - A condução automóvel sob a influência do álcool é punida sempre com dois tipos de sanção: por uma pena ( prisão ou multa ) e pela inibição de conduzir. Ambas são penas, a primeira é principal, a segunda é acessória. II - O assento do Supremo Tribunal de Justiça de 29/04/92, segundo o qual a inibição de conduzir estatuída no artigo 61 do Código da Estrada constitui uma medida de segurança, diz respeito apenas ao...
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