Acórdão nº 9050214 de Court of Appeal of Porto (Portugal), 27 de Junho de 1990
Magistrado Responsável | HERNANI ESTEVES |
Data da Resolução | 27 de Junho de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CE54 ART5 N3 ART59 B PAR2. CP82 ART136.
Sumário: I - Não se verifica qualquer concorrência de culpas se o arguido, que seguia na parte direita da faixa de rodagem e, ao pretender mudar de direcção para a sua esquerda, entra na outra metade da mesma faixa sem respeitar o sinal de " STOP " indicado de forma bem visível, continuando a sua marcha, indo embater na vítima que, na sua mão de trânsito, seguia em sentido contrário, sendo bem visível a uma distância de cerca de 100 metros, independentemente de seguir ou não, o que se não provou, em contravenção ao disposto no número 3 do artigo 5 do Código da Estrada, uma vez que nestas circunstâncias, o arguido desrespeitou de forma frontal a prioridade de passagem da vítima e esta era legítimo esperar que os outros condutores respeitem as condições impostas pelo tráfico rodoviário; II - Se se demonstra que o arguido actuou com culpa grave e exclusiva, cometendo manobra perigosa, e resultando do acidente a morte de outrém, o crime é o previsto e punido pela alínea b), parágrafo 2, do artigo 59 do Código da Estrada, se se não prova que o condutor é habitualmente imprudente e não o...
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