Acórdão nº 9110373 de Court of Appeal of Porto (Portugal), 23 de Outubro de 1991
Magistrado Responsável | RAMIRO CORREIA |
Data da Resolução | 23 de Outubro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS. DIR CIV - DIR RESP CIV.
Legislação Nacional: CE54 ART7 N2 H ART58 N4 ART59 B ART61 N2 D. CCIV66 ART495 ART496 N1 N3 ART564. CP82 ART43 ART48 ART72 ART136 N1 ART148 N1 ART277 N1 B.
Jurisprudência Nacional: AC STJ DE 1971/03/17 IN BMJ N205 PAG150. AC RL DE 1990/02/20 IN CJ T1 ANOXV PAG188.
Sumário: I - Incorre na pratica do crime de homicidio involuntario previsto e punido no artigo 136, n. 1 do Codigo Penal ( e não do artigo 59, alinea b) do Codigo da Estrada ), o condutor de um veiculo automovel ligeiro que entrou numa passagem de nivel sem guarda, de perfeita visibilidade, a velocidade de cerca de 60 Kms/hora, que não reduziu, não dando conta, por vir distraido em conversa com os ocupantes desse veiculo, da aproximação do comboio, apesar de este ter apitado, acabando por ser colhido, dai resultando a morte de um desses ocupantes. O acidente deve-se não a excesso de velocidade ( que não se apurou ), mas antes a violação pelo arguido do dever objectivo de cuidado que lhe era imposto pelo exercicio da condução. II - Considerando que o arguido não tem antecedentes criminais e tem bom comportamento social...
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