Mosgiel resident Andrew John Earl will appeal the sentence imposed this week on his convictions for careless driving causing the death of Allan Hubbard and injury to Mr Hubbard's wife Jean.
Earl (42), a plasterer, said he did not accept the $2500 fine and 12-month driving disqualification handed down by Judge Gary MacAskill in the Christchurch District Court.
He told the Otago Daily Times he planned to appeal to the High Court.
''I don't accept the judge's findings.
''I don't accept that I was drowsy or nodded off.
''I just don't believe that someone can be convicted on the amount of evidence they have. I think that's wrong,'' he said.
Earl said he did not want to see Mrs Hubbard blamed in relation to the crash which caused her husband's death and her injury.
''I'm not interested in having her prosecuted. That's the last thing I want,'' he said.
The ute Earl was driving on September 2, 2011, collided with a car being driven by Mrs Hubbard on State Highway 1 near Oamaru about 1.15pm.
After a defended hearing earlier this year, Judge MacAskill found Earl was drowsy or had fallen asleep at the wheel, causing the crash.
But Earl denied that and said the crash was ''simply an accident''.
He had a ''very good rapport'' with the Hubbard family.
''There's no animosity, no ill feeling as such. I want to be able to put it behind us and move forward as we possibly can.''
Mrs Hubbard (82) did not remember the incident and did not seek reparation.
In a statement released after Earl's sentencing, she said her late husband would have wanted both families to move on with their lives, and she had no ill will towards Earl or his family.
