The Court of Appeal of Évora (TRE) overturned a decision banning the consumption of alcohol by a man who was also sentenced to seven months in prison for the crime of insubordination. The sentence will be suspended if the man undertakes not to drink alcohol for one and a half years. The defendant was willing to cooperate with justice, but appealed the decision, and the Court of Appeal of Évora ruled in favor.
Second NewspaperThe judges found the punishment for abstinence “inadequate and disproportionate.”
In February this year, the driver was stopped by the NPR for driving at high speed and twice refused to test the balloon, subjecting him to the crime of disobedience.
After a trial in Santiago do Casen, the man appealed the decision banning him from consuming alcoholic beverages, feeling that his privacy had been called into question.
Faced with an objection from the defendant, the TRE judges accepted the defense’s argument and overturned the original decision because they found that the obligation to abstain from drinking alcohol was “excessive”, “inadequate and disproportionate” because it had not been proven that the driver had a “drinking problem” . or difficulty limiting alcohol consumption.”
The defendant has three convictions, two of which are for drunk driving, details Newspaper.
Author: morning Post
Source: CM Jornal
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