If you want to use the rules strickt after the first lap you can give the whole field a drive true penalty after the first lap. Also I understand even less why you should be punished if you leave the track but dont even gain a position.
No you cannot, because only Kimmi can be accused of gaining a position this way.
All the ''punish him'' people can say is: but but but its in the rules!. That is weird to begin with because F1 always bends the rules and secondly there are very good and justified arguments for not giving a penalty on the first lap. Cant you come up with a good argument on why he should be punished?
The argument is of course that he gained a position after coming back on the track. You can say that the overtake is the effect of KERS instead, but no, even KERS cannot help you pass through other cars as if you were a ghost .
Because there was no room, he should have braked before that corner as is was quite obvious that he had the chance.