Acórdão nº 9840275 de Supremo Tribunal Administrativo (Portugal), 13 de Maio de 1998 (caso None)
Magistrado Responsável | TEIXEIRA PINTO |
Data da Resolução | 13 de Maio 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 / TEORIA GERAL / DIR ESTRADAL.
Legislação Nacional: CP82 ART136 N2. CP95 ART137 N2. CE54 ART7 N1 ART59 B ART61 N2 D.
Jurisprudência Nacional: AC RE DE 1991/11/19 IN CJ T5 ANOXVI PAG260. AC RC DE 1995/04/06 IN CJ T3 ANOXX PAG59. AC RE DE 1984/01/31 IN BMJ N335 PAG353. AC RL DE 1983/07/05 IN BMJ N336 PAG461. AC STJ PROC37290 DE 1984/06/20.
Sumário: I - Em matéria de acidente de viação deve entender-se que há negligência grosseira quando um condutor de um veículo automóvel se demite dos mais elementares cuidados na condução em termos de, conhecida a perigosidade de um veículo automóvel em circulação, criar um alto perigo de acidente. II - Integra o conceito de negligência grosseira do artigo 136 n.2 do Código Penal de 1982 e do artigo 137 n.2 do Código Penal de 1995, a conduta do arguido que, conduzindo o seu veículo automóvel pelo menos a 70 km/h, num local por si conhecido ( debaixo de um viaduto para comboios), onde sabia existir uma passadeira, utilizada pelas pessoas que usavam as paragens de autocarro existentes por baixo do viaduto, não reparou que um peão atravessava a dita passadeira, vindo a colhê-lo sem ter empreendido qualquer manobra de...
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