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The Porto Appeal Court confirmed the sentence of seven months in prison for a cyclist caught with a blood alcohol level almost eight times higher than that allowed by law, in Anadia, Aveiro district.
The sentence, of January 13 and consulted by Lusa, this Monday, dismissed the appeal filed by the accused, who claimed against the excess of the penalty.
In August 2020, the defendant was sentenced in the Anadia court to seven months in prison for committing the crime of driving a vehicle while intoxicated, in addition to being disqualified from driving motor vehicles for a period of two years.
The defendant was caught by the GNR riding a bicycle with a blood alcohol level of at least 3.80 grams / liter, being the maximum allowed by law 0.50 grams / liter.
This was the twelfth time the defendant was caught driving while intoxicated., in addition to having other convictions for crimes of disobedience, which, for the Court, “shows an indifference towards the sentences he has suffered.”
The judges ruled that the sanction to be applied cannot be reduced and it is not possible to replace it with a fine or other non-private sanction., taking into account the prevention demands that are felt and all the behavior adopted by the accused.
“In view of the convictions suffered, it seems that the defendant has already benefited from all the penal substitution penalties and none of them had the ability to prevent the defendant from repeating the illegal conduct in question, and not even the prison sentences fulfilled had this effect “, refers to the judgment of the Relação do Porto.
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