Acórdão nº 038504 de Supremo Tribunal de Justiça (Portugal), 09 de Julho de 1986
Data | 09 Julho 1986 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CE54 ART59 B. CP82 ART43 N1 ART71 ART73.
Jurisprudência Nacional: AC STJ DE 1981/10/21 IN BMJ N310 PAG184. AC STJ DE 1981/12/10 IN BMJ N312 PAG208.
Sumário : I - Comete um crime de homicidio involuntario, com culpa grave, previsto e punido pelo artigo 59, alinea b), do Codigo da Estrada, e as transgressões previstas e punidas pelos artigos 5, ns. 2 e 8, 7, ns. 1 e 2, alineas c), g), 10 e 40, ns. 6 e 7, todos do mesmo Codigo, quem: a) conduzindo um veiculo ligeiro de passageiros, nas proximidades de um hospital, em faixa de rodagem com sete metros de largura, asfaltada e molhada devido a chuva que horas antes havia caido, havendo claridade, sendo a estrada plana e situada em zona de grande trafego de veiculos e pessoas e transitando pela parte esquerda da faixa de rodagem, de sentido unico, com uma velocidade de cerca de oitenta quilometros/hora; b) atropela um peão que caminhava em passo normal, em cima de uma passadeira para peões, devidamente assinalada no chão e por placa, da direita para a esquerda, considerando o sentido de marcha do veiculo e quando o referido peão se encontrava a dois ou tres passos de completar a travessia e atingir a faixa separadora; c) parando o veiculo a cinquenta metros do local do embate; d) causando no peão lesões traumaticas cranio-encefalicas que lhe determinaram, directa e necessariamente, a morte; e e) quando, uma dezena de metros antes, havia ultrapassado outro veiculo e, a partir dai, não mais retomou a sua mão de transito, que estava livre, sendo disposição do mesmo virar a esquerda num entroncamento e não reduzindo a velocidade ao aproximar-se da passadeira e so se apercebendo da presença da vitima no momento do atropelamento, por distracção. II - A existencia do crime de homicidio involuntario com culpa grave não e afastada pela amnistia das contravenções, apenas...
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