Acórdão nº 9410067 de Court of Appeal of Porto (Portugal), 05 de Abril de 1995
Magistrado Responsável | NEVES MAGALHÃES |
Data da Resolução | 05 de Abril de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / DIR ESTRADAL. DIR CIV - DIR RESP CIV.
Legislação Nacional: CE54 ART7 N1 ART40 N1 N4 C ART59 B ART61 N2 D. CCIV66 ART562 ART564 ART570 N1. CP82 ART48 ART136 N1. DL 124/90 DE 1990/04/14 ART1 ART2. DL 114/94 DE 1994/05/03. CE94 ART135 N1.
Sumário: I - É de repartir por ambos, em partes iguais, a culpa do arguido automobilista que, numa recta, de noite, em local com iluminação pública, onde existem placas limitativas de velocidade máxima de 40 Km/ hora, circulava pela sua hemi-faixa direita, a velocidade superior a 60 Km/hora, vindo embater, cerca do eixo da via, num peão, que, caminhando com uma taxa de alcoolémia de 2,10 g., atravessava a estrada, da esquerda para a direita atento o sentido de trânsito do automóvel, o qual foi projectado para a frente, caindo a 38 metros do local do embate, e vindo o veículo a parar à distância de 24 metros também desse local. Arguido e peão podiam ter-se avistado, reciprocamente, à distância de 200 metros antes do embate. Resultaram para o peão lesões causais da sua morte. II - Tais factos integram o crime de homicídio involuntário do artigo 59, alínea b), parte final, do Código da Estrada de 1954 e, agora, o do artigo 136 n.2 do Código Penal, mostrando-se ajustado, face a este último, a...
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