Acórdão nº 9220067 de Court of Appeal of Porto (Portugal), 17 de Março de 1993
| Magistrado Responsável | COSTA DE MORAIS |
| Data da Resolução | 17 de Março de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A INCRIMINAÇÃO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CP82 ART136 N1 N2. CE54 ART60 N1 A ART61 N2 D ART5.
Sumário: I - Apesar de na sentença se não fazer referência ao grau de visibilidade nem ao facto de o arguido ter visto ou não perfeitamente o peão, o certo é que as verificadas condições atmosféricas ( um pouco de nevoeiro e chuva pouco intensa ) eram susceptíveis de perturbar ou dificultar em maior ou menor grau a condução e a visibilidade, o que exclui a qualificação de grosseira à negligência que é feita na sentença pelo facto de o arguido colher a vítima na berma. II - Alterada a incriminação para o nº 1 do artigo 136 do Código Penal e mantida a qualificação do crime de abandono de sinistrado, aplica-se ao arguido a pena de 10 meses de prisão e 10 meses de prisão e 10 meses de multa respectivamente, e, em cúmulo jurídico, 15 meses de prisão e 10 meses de multa...
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