Acórdão nº 9810027 de Court of Appeal of Porto (Portugal), 27 de Janeiro de 1999
Magistrado Responsável | MATOS MANSO |
Data da Resolução | 27 de Janeiro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL / DIR ESTRADAL. DIR CIV - DIR RESP CIV.
Legislação Nacional: CP82 ART136. CP95 ART137 N1. CCIV66 ART494 ART496 N3. CE94 ART28 N1 N2 ART41 ART104 N1.
Sumário: I - Há concorrência de culpas do arguido ( 90% ) e do peão ( 10% ) na produção do acidente de trânsito ocorrido pela forma seguinte: o automóvel do arguido circulava numa recta de cerca de 600 metros, à velocidade de 80 Km/h, iniciando a ultrapassagem de vários veículos ( havia sinalização a limitar a velocidade a 30 Km/h e a proibir a ultrapassagem ), vindo a colher mortalmente o peão a cerca de um metro da berma esquerda, o qual iniciava a travessia da estrada da esquerda para a direita considerado o sentido de trânsito do automóvel. O arguido desrespeitou as regras dos artigos 28 ns.1 e 2 e 41 do Código da Estrada de 1994 e o peão a regra do artigo 104 n.1 deste Código. II - Sendo-lhe mais favorável o regime do Código Penal de 1982, e atendendo a que o arguido está socialmente integrado e não tem antecedentes criminais, é mecânico...
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