Acórdão nº 9640588 de Court of Appeal of Porto (Portugal), 16 de Outubro de 1996
Magistrado Responsável | NEVES MAGALHÃES |
Data da Resolução | 16 de Outubro de 1996 |
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 CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CP82 ART136 N1 N2. L 15/94 DE 1994/15/04 ART9 N2 C. CCIV66 ART483 ART562 ART564. L 28/84 DE 1984/08/14 ART16. DL 322/90 DE 1990/10/18 ART4 N1 N2.
Jurisprudência Nacional: AC RP DE 1994/11/09 IN CJ T5 ANOXIX PAG245.
Sumário: I - Conduzindo o arguido o seu veículo ligeiro com a atenção e a destreza consideravelmente diminuidas por causa dos efeitos do álcool ( 1,7 grs/l ) e entrando numa curva seguida de contra - curva a uma velocidade de cerca de 130 kms/h, que o impediu de dominar o veículo, tendo-se despistado e, em consequência, provocado lesões à vítima, que seguia consigo, e que foram causa da morte, age com culpa grave e exclusiva ( negligência grosseira ). II - Conduzindo o arguido desta forma, temerária e leviana, em grave violação das mais elementares regras de circulação rodoviária, mostra-se adquada a sanção de 12 meses de prisão, a que não é aplicável o perdão do artigo 9 n.2 alínea c) da...
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