Acórdão nº 9810640 de Court of Appeal of Porto (Portugal), 06 de Janeiro de 1999
Magistrado Responsável | PINTO MONTEIRO |
Data da Resolução | 06 de Janeiro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL / DIR ESTRADAL.
Legislação Nacional: CP95 ART50 ART69 N1 B ART137 N1.
Sumário: I - Tendo o arguido, condutor de um veículo automóvel, invadido a berma da auto-estrada pela qual circulavam três pessoas, a quem avistou perfeitamente antes do acidente, as quais levavam roupas apropriadas para assinalarem a sua presença, indo embater violentamente numa delas, que foi projectada, resultando do embate a sua morte, e o automóvel, depois de embater nos rails, percorreu mais 100 metros antes de se imobilizar, há que concluir ter o arguido agido com elevado grau de culpa, cometendo o crime de homicídio involuntário previsto e punido pelo artigo 137 n.1 do Código Penal de 1995. II - Considerando que o arguido tinha carta de condução há cerca de 40 anos, que é um condutor prudente, que efectua muitas viagens, nada constando do seu certificado do registo criminal, mostra-se adequada a pena de um ano e meio de prisão, suspensa na sua execução por dois anos. III - Não há lugar à...
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