Acórdão nº 0003135 de Court of Appeal of Lisbon (Portugal), 15 de Outubro de 1991
Magistrado Responsável | CURTO FIDALGO |
Data da Resolução | 15 de Outubro de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CE54 ART58 N4 ART59 B. CP886 ART368. CP82 ART136 N1. CCIV66 ART483 ART495 N3 ART496 N2.
Jurisprudência Nacional: AC RP DE 1987/12/02 IN CJ ANOXII T5 PAG235.
Sumário: I - Há concorrência de culpas entre peão e condutor de veículo nas seguintes circunstâncias: o peão avançou para a faixa de rodagem a fim de ir tomar o autocarro do outro lado da via, sem verificar que aí circulavam veículos; o condutor do veículo não prestou atenção ao peão e ao facto de estar parado um autocarro a tomar passageiros na paragem. II - Nas condições apontadas em I são de fixar em 60% e 40% as culpas do peão e condutor, respectivamente. III - Não comete o crime do artigo 59 alínea b) do Código da Estrada (de 1954) mas sim o do artigo 368 do...
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