Acórdão nº 9540812 de Court of Appeal of Porto (Portugal), 24 de Janeiro de 1996
Data | 24 Janeiro 1996 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM.
Legislação Nacional: DL 124/90 DE 1990/04/14 ART2 N1 ART4 N2 A. CP95 ART2 N4 ART69 N1 A ART101 ART292. CE94 ART135 N1 ART145.
Jurisprudência Nacional: AC RP DE 1994/12/14 IN CJ T5 ANOXIX PAG282. AC RP PROC9441111 DE 1995/01/25.
Sumário: I - Não obstante a publicação do Decreto-Lei n.114/94, de 3 de Maio, que aprovou o novo Código da Estrada, continua a configurar o crime de condução sob o efeito de álcool previsto e punido, à data da sua prática, pelos artigos 2 n.1 e 4 n.2 alínea a), do Decreto-Lei n.124/90, de 14 de Abril, e agora pelos artigos 292 e 69 n.1 alínea a) do Código Penal de 1995, a condução com uma Taxa de Álcool no Sangue igual ou superior a 1,20 g/l, não tendo aplicação a substituição ou suspensão da medida acessória de inibição de conduzir por caução de boa conduta regulada no artigo 145 do Código da Estrada ora vigente, que é restrita à matéria contra-ordenativa prevista neste Código; II - A fixação do período de inibição da faculdade de conduzir deve fazer-se não em função de critérios de pura defesa social, como é apanágio das medidas de segurança, mas antes de tudo tendo em conta o carácter de reprovação...
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