Acórdão nº 9240108 de Court of Appeal of Porto (Portugal), 22 de Abril de 1992
Magistrado Responsável | PEREIRA MADEIRA |
Data da Resolução | 22 de Abril de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CE54 ART59 B PARTE FINAL ART61 N2 D. CCIV66 ART494 ART496.
Jurisprudência Nacional: AC STJ DE 1971/03/02 IN BMJ N205 PAG140.
Sumário: I - A parte ou parágrafo final da alínea b) do artigo 59 do Código da Estrada constitui ainda um caso de culpa grave, o que se deduz da sua ligação ao caso da alínea b) com a exigência dos pressupostos do excesso de velocidade ou da prática de manobras perigosas, não obstante não se ter provado que o condutor seja habitualmente imprudente. II - Age com culpa grave e exclusiva o condutor que, a mais de 100 Kms/h, invadindo a meia faixa de rodagem do seu lado esquerdo, choca com o veículo que aí circula em sentido contrário e provoca na vítima as lesões que foram causa directa e imediata da sua morte. III - Atento o grau de culpa e da ilicitude - que se situa no mais elevado da escada de valores dado que o arguido com a sua conduta ceifou à vítima o bem mais precioso - mas tendo em conta que se trata de delinquente primário, jovem de 26 anos, tendo já decorrido quase três anos após a prática dos factos sem que haja notícia de ter cometido nova infracção, a pena que melhor se ajustará às circunstâncias é a de 9 meses de prisão e 140 dias de multa, com 9 meses de...
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