A drunken driver who was on his way home from a party when he struck and killed a 70-year-old moped rider on his way to work was sentenced yesterday to 52 weekends in jail and ordered to perform 500 hours of community service.

City Deputy Prosecutor George Parrott III asked for a maximum 10-year prison term during the emotional sentencing for Jason Nicol to underscore the seriousness of drunken driving and to deter others from getting behind the wheel when drunk.

But in sentencing Nicol for first-degree negligent homicide, Circuit Judge Richard Perkins cited Nicol's lack of any previous criminal record and what the judge said was the evidence that Nicol was of good character, his remorse and his acceptance that he is the only one to blame for the tragedy.

The judge sentenced Nicol to five years' probation and also ordered him to pay $20,177 in restitution.

Nicol, 24, of Kalihi, wept and sobbed during the hearing.

He told the judge that driving the car was the worst decision he ever made in his life.

"Please forgive me for what I have done," he told the victims' relatives in the gallery. "I'm so sorry."

Nicol struck Francis Basilio, also a Kalihi resident, at about 3:40 a.m. July 4, 2002, on the King Street exit of H-1 Freeway. Nicol's blood alcohol level was .189, according to the lawyers in the case. The legal limit is .08.

Nicol was on his way home from a party in Salt Lake while Basilio was on his way to the Kam Shopping Center, where he worked as a maintenance man.

Nicol earlier was found guilty of negligent homicide after he pleaded no contest.

The sentencing filled the gallery with relatives and friends of the victim on one side of the aisle and relatives and friends of the defendant on the other.

Basilio's son, Frankie, and daughter, Gina Agustin, told the judge about the loss of their father and the pain suffered by the family, while Nicol's parents, Phyllis and Ron, expressed their apologies and condolences and talked about how the death has devastated their son.

Nicol's lawyer, Howard Luke, described his client as a dedicated man who did volunteer work and graduated from the University of Hawai'i with a bachelor's degree in teaching, but put his career on hold while dealing with the court case.

"This is a person who will suffer the rest of his life no matter what the court does," Luke told the judge.