Acórdão nº 040974 de Supremo Tribunal Administrativo (Portugal), 04 de Julho de 1990 (caso None)
Magistrado Responsável | MANSO PRETO |
Data da Resolução | 04 de Julho de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO PARCIAL.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL.
LegislaÁ„o Nacional: CE54 ART9 N2 ART59 B. CP82 ART43 ART72. DL 400/82 DE 1982/09/23 ART3 N2.
Sum·rio : I - N„o obstante o bom passado do reu como condutor, mas dado o grau de culpa (negligencia) como procedeu - contravenÁ„o ao disposto no artigo 9 n. 2 do Codigo da Estrada, por quanto, estando obstruida a faixa de rodagem que lhe competia, n„o devia utilizar a outra faixa de rodagem, reservada aos veiculos que circulavam em sentido contrario, e n„o o fez, como devia, limitando-se a seguir devagar, o que n„o impediu a colis„o do seu veiculo com o veiculo conduzido pela vitima, dentro da m„o de transito desta, resultando do acidente a morte da vitima - n„o e de substituir a pena acessoria de inibiÁ„o de conduzir por cauÁ„o de boa conduta. II - No circunstancialismo referido...
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