Acórdão nº 9240827 de Court of Appeal of Porto (Portugal), 02 de Dezembro de 1992
| Magistrado Responsável | RAMIRO CORREIA |
| Data da Resolução | 02 de Dezembro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CPP87 ART402 N2 D ART410 N2 ART428 N2. CP82 ART72. CE54 ART7 ART61 N2 D.
Jurisprudência Nacional: AC STJ DE 1986/02/09 IN BMJ N359 PAG396. AC STJ DE 1990/03/14 IN CJ T2 ANOXV PAG11. ASS STJ IN DR IS-A 1992/07/10.
Sumário: I - É de considerar manifestamente excessiva a velocidade de 60 quilómetros/hora imprimida a um veículo pesado que transporta 22 toneladas de carga num semi-reboque, atento a que se tratava de estrada com traçado sinuoso, com muitas curvas, estando o tempo chuvoso e o piso molhado, sendo, no local do acidente, a curva fechada, não permitindo a visibilidade dos veículos que circulassem em sentido contrário; II - Se, com culpa grave exclusiva do condutor que conduzia nas condições referidas em I., ocorreu um...
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