Acórdão nº 042333 de Supremo Tribunal Administrativo (Portugal), 05 de Dezembro de 1991 (caso None)
| Magistrado Responsável | SA PEREIRA |
| Data da Resolução | 05 de Dezembro de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
Legislação Nacional: CP82 ART48 ART144 N1 N2. CE54 ART60 N1 B C ART61 N2 D. L 16/86 DE 1986/06/11. L 23/91 DE 1991/07/04.
Jurisprudência Nacional: AC STJ DE 1986/07/09 IN BMJ N359 PAG358.
Sumário : I - Um automóvel, utilizado pelo respectivo condutor, como instrumento de agressão, é, à luz dos ditames da experiência comum, capaz de pôr em perigo a vida do ofendido ou de lhe provocar ofensas corporais graves, devendo pois ser qualificado como instrumento particularmente perigoso, para efeitos da incriminação do artigo 144, n. 2 do Código Penal. II - A medida de inibição da faculdade de conduzir deve corresponder, em princípio e quanto à sua duração, à medida da pena aplicada, uma...
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