Acórdão nº 038488 de Supremo Tribunal de Justiça (Portugal), 09 de Julho de 1986 (caso NULL)
| Magistrado Responsável | VASCONCELOS DE CARVALHO |
| Data da Resolução | 09 de Julho de 1986 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS. DIR ECON - DIR TRANSP DIR RODOV.
Legislação Nacional: CP886 ART94 N4 ART125 PAR2 ART369. CP82 ART43 N1 ART71 ART73. CE54 ART5 N5 ART7 N1 ART58 N4 ART59 B. DL 400/82 DE 1982/09/23 ART6 N1 ART7.
Jurisprudência Nacional: AC STJ DE 1979/02/08 IN BMJ N248 PAG166. AC STJ DE 1985/01/14 IN BMJ N343 PAG184.
Sumário : I - Se, por excesso de velocidade, um condutor se aproxima demasiado de outra viatura e bate, infringe realmente (e não aparentemente) os artigos 5 n. 5 e 7 n. 1 do Código da Estrada de 1954. II - O conceito de "espaço livre e visível à frente" respeita tanto o corpo fixo como em movimento e, neste caso, quer se cruzem as linhas de marcha, quer sejam as mesmas. III - A regra de a velocidade permitir que o veículo pare no espaço livre e visível pressupõe a não verificação de condições anormais ou de factos...
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