Acórdão nº 9310691 de Court of Appeal of Porto (Portugal), 10 de Novembro de 1993
Data | 10 Novembro 1993 |
Órgão | 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 / TEORIA GERAL. DIR CIV - DIR RESP CIV.
Legislação Nacional: L 3/82 DE 1982/03/29 ART1 N1. CE54 ART5 N3 ART59 A. CCIV66 ART494 ART496 N3 ART566 N2 ART805 N3.
Jurisprudência Nacional: AC RC DE 1991/11/26 IN CJ ANOXVI T5 PAG71. AC RL DE 1990/02/20 IN CJ ANOXV T1 PAG188.
Sumário: I - Pratica o crime de homicídio involuntário previsto e punido no artigo 59, nº 1, alínea a) do Código da Estrada, com culpa exclusiva, o arguido, portador de uma taxa de alcoolémia de 1,20 gramas/litro, que, conduzindo um veículo automóvel, durante o dia, numa recta com 2 Kilómetros de extensão, com 6,20 metros de largura, entrou na berma do seu lado direito, vindo a embater num peão que aí se encontrava parado, junto a uma paragem de autocarros, provocando-lhe lesões causais da sua morte, não havendo notícia de outros veículos que perturbassem a circulação. II - Em sede de causalidade adequada, em termos genéricos, não se pode associar automaticamente um evento lesivo de direitos de terceiro a um condutor com taxa de alcoolémia superior à legal. III - Na hipótese referida em I., em que as circunstâncias eram propicias a uma boa condução automóvel, embora sem estar onerada com um " onus probandi ", cumpria ao arguido, no mínimo, apresentar uma versão credível e robusta para abalar a força da presunção judicial da relação...
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