Phone Booth.
Bad guy doesnt win especially, but he does walk away very slowly.
Also, there was a 70's film called "Two Minute Warning" in which bad guy kills lots of people in an american football stadium with a snipers rifle, and again walks away very slowly.
Also, finally, it's not really fair to say Empire Strikes Back when it's the middle of a trilogy and the whole point of the 2nd act is to put the good guys in a tough spot.
For that matter, what about Godfather 2? (Whoops, sorry Fredo, the boat must have gone over a pothole and my gun just kinda went off).