Acórdão nº 0006303 de Court of Appeal of Lisbon (Portugal), 05 de Fevereiro de 1997
| Magistrado Responsável | ADELINO SALVADO |
| Data da Resolução | 05 de Fevereiro de 1997 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: REENVIO DO PROCESSO.
¡rea Tem·tica: DIR PROC PENAL.
LegislaÁ„o Nacional: DL 124/90 DE 1990/04/14 ART12. CP95 ART14. CPP87 ART410 N2 A ART426.
JurisprudÍncia Nacional: ASS STJ 7/95 N7 DE 1995/10/19 IN DR IS-A DE 1995/12/28. AC RC DE 1995/04/06 IN CJ ANOXX T3. AC STJ DE 1993/04/01 IN BMJ N426 PAG132. AC STJ DE 1991/05/31 IN BMJ N407 PAG377. AC STJ DE 1994/02/13 IN BMJ N414 PAG389.
Sum·rio: I - Sofre de "insuficiÍncia para a decis„o da matÈria de facto provada", a sentenÁa que, apreciando crime de recusa a exame para pesquisa de ·lcool, d· como provado "inter alia" que o arguido condutor: - no teste qualitativo (SD2) registou em TAS de 1,95 g/l. - submetido, depois ao teste quantitativo (Seres) por 5 vezes, o resultado foi "sopro descontÌnuo" - apesar de advertido de como devia proceder e se pretendia submeter-se a...
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