Acórdão nº 9930761 de Court of Appeal of Porto (Portugal), 09 de Junho de 1999
Magistrado Responsável | CUSTODIO MONTES |
Data da Resolução | 09 de Junho de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CE94 ART27 N1.
Sumário: I - Pretendendo-se subsumir os factos ao artigo 27 n.1 do Código da Estrada que dispõe que " os condutores não podem exceder... 50 km/hora ", nas localidades, o facto concreto a ter em conta será uma velocidade concreta superior a 50 km/hora e não a própria expressão da lei ou equivalente. II - Tendo sido objecto de averiguação, em sede de julgamento, a velocidade a que seguia o veículo do Autor, e tendo o tribunal respondido apenas que circulava a velocidade superior a 50 km/hora, sem a especificar, não pode, em sede de direito, presumir-se uma velocidade de 70-80 km/hora em face dos rastos de travagem e do tempo de reacção do condutor. III - Por não se saber a que velocidade concreta superior a 50 km/hora circulava o veículo, não pode...
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