Acórdão nº 9210293 de Court of Appeal of Porto (Portugal), 13 de Maio de 1992
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 13 de Maio de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP886 ART38 PARÚNICO. CE54 ART61 N2 B N4. RCE54 ART2 ART4 N2 N5 N6 ART6 N3 N4 N5 N6 N7 N8 N9 N10 N11 N12 N13 N14 N15 N16 N17. DL 400/82 DE 1982/09/23 ART6 ART7.
Sumário: I - Não tendo a sentença posto em causa que o sinal de trânsito ( proibição de ultrapassagem ) estivesse incorrectamente colocado ou encoberto, haverá que concluir, de acordo com o princípio da normalidade adequado às necessidades da vida, que a sua colocação obedecia às prescrições regulamentares e, por isso, foi ou podia ter sido visto pelo condutor do veículo. II - Se a inobservância do sinal de prescrição absoluta indicativo da proibição de ultrapassar implicar o desrespeito pela marca " M1 " aposta na faixa de rodagem ( que significa para o condutor a proibição de pisar ou transpor a linha longitudinal contínua ), os dois referidos sinais complementam-se, visando o mesmo objectivo jurídico: com a proibição da ultrapassagem pretende-se evitar que o condutor invada a faixa de rodagem à sua esquerda, pisando ou transpondo a linha contínua. III - Quando isso acontece, a plúrima violação dos dois preceitos é meramente...
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