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Abstract Road Traffic Crime and Emergency Evacuation Kim, Nam Hyeon misconduct. Thus, it would be difficult to acknowledge immunity to these careless drivers for the reason of emergency evacuation. There is no serious problem in Korea in relation to emergency evacuation contrary to our expectation and it is because we focus too much on, so called, The Ten Special Exceptions in the Special Exemption Law for Traffic Accident. It is time to reconsider whether we need the law in the future. Among those who were accused for road traffic crime, there are people who claimed that they had no other choice but to violate the law in order to escape imminent threats to themselves and others. If it is really so, they should not be punished for their actions because these kinds of violations could be considered as an emergency evacuation. Since the essence of the emergency evacuation lies in "The Principle of Self Defense"and it contributes to redistribution of values in our society, we should examine the emergency evacuation clause more closely, which seems to be the most common reason for immunity from violations of traffic law. After all, it is a duty of law enforcement not to punish those who are legally immune for emergency evacuation. While emergency evacuation often occurs as a result of unlicensed driving, driving under the influence (DUI), speeding, parking violation with respect to violations of the road traffic laws, it is commonly related to unexpected change of lanes, or violation of a median line in case of traffic accidents. The decision on whether the drivers are legally responsible for their actions should be made based upon two judgmental decisions. That is, first, if there was an imminent threat either on themselves or on others and second, if there was a significant reason to do the emergency evacuation. On the other hand, when drivers caused the imminent threats of themselves due to the negligence, it depends on the reason for the accidents. When they caused the imminent threats deliberately on purpose (self-incurring risks), it is obviously an abuse or misuse of emergency evacuation and therefore the drivers are responsible for the accidents. If the imminent threats were resulted from carelessness, this kind of emergency evacuation is, in fact, indispensable to the self-incurring risks that lead to fatal injury/death for professional 234 235