Acórdão nº 9710035 de Supremo Tribunal Administrativo (Portugal), 29 de Abril de 1998 (caso None)
Magistrado Responsável | MARQUES SALGUEIRO |
Data da Resolução | 29 de Abril de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL. DIR CIV - DIR RESP CIV.
Legislação Nacional: CP95 ART137 N1. CE54 ART6 N2 N6 ART10 N3 N5 ART11 N1 N3. CPP87 ART69 N2 C ART401 N1 B. CCIV66 ART494 ART496 N3.
Jurisprudência Nacional: AC RP DE 1992/10/14 IN CJ T4 ANOXVII PAG272. AC STJ DE 1997/11/06 IN CJSTJ T3 ANOV PAG232. AC RL DE 1990/02/20 IN CJ T1 ANOXV PAG188. AC RP PROC9510722 DE 1996/01/10. AC RP PROC9411109. AC RP PROC9511092.
Sumário: I - Ocorrendo o acidente nas seguintes circunstâncias: a arguida, conduzindo um veículo automóvel, numa recta, pela respectiva metade direita da via, pretendendo mudar de direcção para a sua esquerda, não se aproximou com antecedência do eixo da via nem sinalizou a manobra que ia realizar, limitando-se a abrandar a marcha, e quando já se encontrava na perpendicular do eixo da via secundária à sua esquerda para onde pretendia seguir, virou subitamente para a esquerda, no intuito de entrar nessa via, tendo-o feito quando o ciclomotor que vinha à sua rectaguarda - cujo condutor decidira ultrapassar o automóvel - já circulava pela metade esquerda da faixa de rodagem e quase a par do veículo automóvel, encontrando-se também na perpendicular do eixo da via secundária, sem ter feito qualquer sinal visual...
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