Acórdão nº 0409085 de Court of Appeal of Porto (Portugal), 21 de Fevereiro de 1990
Magistrado Responsável | JUDAK FIGUEIREDO |
Data da Resolução | 21 de Fevereiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR CIV - DIR RESP CIV.
Legislação Nacional: L 2127 DE 1965/08/03 BXXXVII. CE54 ART7 N1 N2 N3 ART40 N4 ART58 N5 ART59 B ART67. CPC67 ART273 N2 N3 ART663 N1. DL 408/79 DE 1979/09/25 ART21. DL 400/82 DE 1982/09/23 ART3 N2. CP82 ART46 N1. DL 522/85 DE 1985/12/31 ART18. DL 16/86 DE 1986/06/11 ART13 N1 B.
Jurisprudência Nacional: AC STJ DE 1983/11/03 IN BMJ N331 PAG504. AC RP DE 1986/05/12 IN CJ T2 ANOXI PAG207. AC RP DE 1986/05/14 IN BMJ N357 PAG490. AC RP DE 1987/01/15 IN BMJ N363 PAG605. AC RP DE 1989/03/08 IN CJ T2 ANOXIV PAG232.
Sumário: I - Tendo o acidente de viação de que resultou a morte de um peão resultado do facto de este se ter posto a atravessar, de noite, uma via citadina, da esquerda para a direita, considerado o sentido do automóvel atropelante, sem ter atentado na aproximação deste, que lhe era visível, e do facto do condutor do automóvel circular a pelo menos 80 Km/hora, tendo- -se apercebido, pelo menos a 30 metros de distância, de que o peão iniciava a travessia da via, é de concluir ter havido concorrência de culpas: 40% para para o peão, que infringiu o disposto no artigo 40 nº 4 do Código da Estrada e 60% para o automobilista, por infracção ao disposto no artigo 7 nºs 1, 2 e 3 do mesmo diploma legal. II - Esse factualismo integra o crime do artigo 59, alínea b) do Código da Estrada, mostrando-se ajustada a pena de 6 meses e 15 dias de prisão, mas já não a pena de 195 dias de multa complementar, que deverá ser reduzida para 79...
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