Acórdão nº 0009425 de Supremo Tribunal Administrativo (Portugal), 26 de Fevereiro de 1991 (caso None)
| Magistrado Responsável | AMADO GOMES |
| Data da Resolução | 26 de Fevereiro de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO PARCIALMENTE.
¡rea Tem·tica: DIR CRIM - CRIM C/PESSOAS. DIR RODOV. DIR CIV - DIR RESP CIV.
LegislaÁ„o Nacional: CP82 ART136. CE54 ART58 N4.
Sum·rio: I - Tendo o acidente de tr‚nsito ocorrido num cruzamento de boa visibilidade, em que o veÌculo conduzido pela vÌtima se apresentou pela direita do veÌculo conduzido pelo arguido, o qual entrou no cruzamento sem parar, apesar de ali se encontrar parado um terceiro veÌculo que pretendia mudar de direcÁ„o, indo embater no veÌculo da vÌtima provocando-lhe a morte, h· mesmo assim concorrÍncia de culpas porque nenhum dos condutores tomou as necess·rias cautelas ao entrar no cruzamento. Embora a prioridade de passagem n„o seja um direito absoluto, o certo È que o principal dever de cuidado incidia sobre o arguido que n„o tinha prioridade, dever que mais se acentuava devido ‡...
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