I think we can all agree that negligent driving, whether it be the result of intoxication, inattention as a result of paying too much attention to your phone, your stereo, a Big Mac or your make up installation, stupidity, lack of driver ability (so often the case with teenagers and the elderly and so on), a vehicle that is not properly and safely maintained, or whatever, that results in an accident with injuries, property damage or death, is quite regrettable and many are avoidable.
People do regrettable and foolish things all the time. Talking about 'the death penalty' for negligent driving is nonsensical to most people I dare say. Long prison sentences and deprivation of driving privileges, massive fines and incredibly burdensome probation terms and so forth often have a counterproductive effect. Being a negligent pedestrian can be dangerous as well.
Not all accidents are CAUSED by the driver who has been drinking and this fact is almost always not even considered when the reporting and discussion of a given accident happens. Many drivers are negligent when stone cold sober. Do we imprison them? Most would say NO! Just some more perspective.