Kuwait Court of Cassation principle number 199

Summary: - The penalty of withdrawal of the driving licence of anyone who drives or attempts to drive a vehicle while under the influence of intoxicating beverages, narcotics, psychotropic substances or any other substance affecting a person’s natural faculties. The withdrawal period shall not exceed one year, and in the event of recidivism shall not exceed three years. Article 38 of Law 67 of 1976. - The challenged judgment’s order withdrawing the driving licence for two years in a case not involving recidivism. An error in applying the law. It permits the Court of Cassation to correct it of its own motion in the accused’s favour. Basis thereof. Rule: Whereas this Court—the Court of Cassation—notes that Article 38 of Decree-Law No. 67 of 1976 concerning Traffic, as amended by Law No. 52 of 2001, provides: "Without prejudice to the measures prescribed in this Law or any more severe punishment under any other law, anyone who drives or attempts to drive a vehicle while under the influence of intoxicating beverages, narcotics, psychotropic substances or any other substance affecting a person’s natural faculties shall be punished by imprisonment for a term not exceeding one year and a fine not exceeding five hundred dinars, or either of these two penalties. The court shall order withdrawal of the driving licence for a period not exceeding one year, and in the event of recidivism the court may order withdrawal of the driving licence for a period not exceeding three years." Whereas the challenged judgment, in ordering withdrawal of the driving licence for two years in a case not involving recidivism, erred in applying the law, this permits the Court of Cassation to intervene of its own motion to correct this error of its own motion in the accused’s favour, by partially quashing the judgment and correcting it by making the licence withdrawal period one year, pursuant to the power conferred upon it by Article Ten of Law No. 40 of 1972 concerning Cases and Procedures of Appeal in Cassation.