The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is unclear as to whether the instant motor vehicle falls under the category 1 special license.

B. Even if the instant motor vehicle falls under lehackers, the instant motor vehicle is indicated as “use report: vehicle stackers ( February 28, 2006 - February 28, 2010)” in the item column of the instant motor vehicle registry. Since the instant motor vehicle cannot be used as lehackers after the period for reporting its use as lehackers had already elapsed at the time of the instant accident ( August 3, 2012), it is possible to drive the instant motor vehicle with the first-class driver’s license, not with the first-class special license.

C. The Defendant, who was moving the instant vehicle that was disposed of after aging, into a vehicle recycling plant, is able to drive the instant vehicle only with the first-class license in a case where he merely uses the rash for the purpose of movement without using it for its original purpose as a vehicle salvage.

Therefore, the defendant's driving of the vehicle of this case with a first class large license does not constitute a violation of the Road Traffic Act (unlicensed Driving).

2. Determination

A. Article 80 of the Road Traffic Act and Article 53 [Attachment Table 18] of the Enforcement Rule of the same Act with the authority delegated by Article 80 of the same Act provide that, with respect to Class I driver's license, Class I driver's license, and Class II driver's license, a special motor vehicle within a certain weight of each type can be operated, but exclude bitr and stack from among the special motor vehicles, and the first class driver's license can be operated only with a Class I driver's license.

Meanwhile, Article 3(1) of the Automobile Management Act provides that a motor vehicle which is manufactured to tow another motor vehicle or to carry out salvage operations or special operations among the types of motor vehicles classified into a passenger motor vehicle, a bus, a truck, a special motor vehicle, or a two-wheeled motor vehicle shall be classified into a motor vehicle, a motor vehicle for passengers, a motor vehicle for passengers, or a truck.