Acórdão nº 9810423 de Supremo Tribunal Administrativo (Portugal), 27 de Janeiro de 1999 (caso None)
Magistrado Responsável | MATOS MANSO |
Data da Resolução | 27 de Janeiro de 1999 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A INDEMNIZAÇÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART483 N1 ART494 ART496 N3 ART562 ART564. CE94 ART13 N1 PAR2 ART102.
Sumário: I - Comete o crime de homicídio negligente o condutor do veículo automóvel que o conduzia muito encostado à berma, vindo a colher a vítima, atingindo-a com o espelho e com a parte da frente lateral direita do veículo, a qual estava na berma, perto da linha que delimita a faixa de rodagem, provocando-lhe lesões causais da sua morte. II - A culpa do arguido resulta de, podendo avistar a vítima a mais de cem metros havendo uma viatura na berma da estrada, não se ter afastado desta por forma a não correr o risco de passar muito perto daquela e eventualmente embater-lhe. III - Dando-se como provado que a vítima tinha 27 anos de idade, era saudável, vivia com os pais que sofreram forte abalo com a morte do...
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