Acórdão nº 9150510 de Court of Appeal of Porto (Portugal), 13 de Novembro de 1991
Magistrado Responsável | EMIDIO TEIXEIRA |
Data da Resolução | 13 de Novembro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ALTERADA A DECISãO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CE54 ART6 N2 ART8 N1 N4 ART59 B ART61 N2 D. RCE54 ART4 N1 N2 A 25.
Jurisprudência Nacional: AC RP DE 1961/03/22 IN JR T2 ANO 1961 PAG384. AC STJ DE 1966/02/16 IN BMJ N139 PAG172.
Sumário: 1- Procede com culpa exclusiva o condutor de um veiculo automovel ligeiro que, ao aproximar-se de um cruzamento, não parou ao sinal stop existente na via de onde provinha nem atentou na circulação de um veiculo pesado que, apresentando-se pela sua direita, se aproximava do referido cruzamento, dando origem ao embate de ambos os veiculos. 2- O facto de o condutor do pesado não ter abrandado ate então a sua marcha, so vindo a accionar os travões a cerca de 15 metros do ligeiro, não lhe confere qualquer culpa, porque, não se tendo apurado a que velocidade circulava, bem pode ser que esta fosse adequada, e, tendo ele prioridade de passagem, era-lhe permitido, tomadas as indispensaveis precauções, prosseguir sem modificar tal velocidade. 3-...
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