An Oxshott man who killed his brother while drink driving has been spared jail due to the "exceptional" circumstances of the tragedy.

Judge McGregor-Johnson said Dean Coomber's immense guilt at causing his brother Darren's death and the effect the tragedy already had on his family meant he should only get a suspended sentence.

Dean Coomber, 27, of Holtwood Road, was behind the wheel of his Mini Cooper when it crashed into the Fountain Roundabout in New Malden at 2.20am on June 21 last year.

He had drunk five pints of shandy at a party that evening before picking up his brother at a nearby nightclub.

The court heard how he approached the roundabout along Kingston Road at 51mph - 20mph over the speed limit - and something may have happened in the back of the car to distract him.

Angus Stewart, prosecuting, said: "He applied the brakes hard and the brakes locked. The car then lost control, struck the kerb and hit the roundabout.

"Darren was not wearing a seatbelt, and tragically sustained head injuries and died."

Darren was sitting in the back seat. Two other men were in the car, including the brothers' cousin William, who attended Isleworth Crown Court yesterday along with Mr Coomber's family and friends.

A blood test an hour-and-a-half after the accident showed Dean had 90 milligrams of alcohol in 100ml of blood, 10mg over the legal limit.

There were traces of cannabis in his blood but not enough to impede his driving, the court heard.

Mr Coomber, a computer engineer, pleaded guilty on January 2 to causing death by dangerous driving.

Peter Maggs, defending, described the accident as "a momentary incident lasting seconds with catastrophic effect."

He said the crime deserved a suspended sentence because of "the extreme grief that the immediate family suffers from."

"Dean remains within the heart of his family and they know that he struggles with what has happened more than anyone else," he added.

In sentencing, Judge McGregor-Johnson said: "I'm not going to send you to prison today but you need to understand this has been a very difficult decision.

"The exceptional factor here is that your victim was your brother."

He said he accepted Mr Coomber showed remorse for what he had done and that he had not been far over the legal limit.

Mr Coomber was given a 12-month prison sentence suspended for two years. He will be tagged and subject to a three-month curfew which will run from 8pm to 6am. He was also disqualified from driving for four years.

Speaking outside court after the hearing, Mr Coomber's mum Noreen said the family was satisfied with the sentence. She said: "Justice has been done. Now we can put this all behind us and get on with our lives"