Acórdão nº 9640688 de Court of Appeal of Porto (Portugal), 06 de Novembro de 1996
Magistrado Responsável | NEVES MAGALHÃES |
Data da Resolução | 06 de Novembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
Legislação Nacional: CP82 ART48 ART72 ART136 N2.
Jurisprudência Nacional: AC STJ PROC46279 DE 1994/05/19. AC RE DE 1991/11/19 IN CJ T5 ANOXVI PAG260.
Sumário: I - Há "negligência grosseira" (ou culpa temerária) se o condutor da viatura se demite dos mais elementares cuidados por temeridade, leviandade ou total ausência de atenção, em termos de criar alto perigo de acidente. II - Se o arguido, que transportava no seu velocípede com motor um passageiro, conduzia o seu veículo, sem que nada o justificasse, pela metade esquerda da faixa de rodagem, atento o seu sentido de marcha e, por esse motivo, foi embater, em plena lomba da estrada, na frente, lado direito, de um automóvel que transitava em sentido contrário, assim causando a morte do seu passageiro, comete o crime previsto e punido pelo artigo 136 n.2 do Código Penal de 1982. III - Nessas circunstâncias, atendendo, por um lado, às consequências do facto, à violação dos deveres impostos ao arguido, à intensidade da culpa e à premência das necessidades de prevenção geral face...
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