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RCMP confirmed Thursday they will not be laying charges against the 23-year old driver who caused a head-on cras h on Highway 9 in August.

Regardless of whether a collision is fatal, a driver cannot be found criminally responsible unless intoxication, intent or negligence is a contributing factor, said police.

Sergeant Glen Demmon told Global News the 23-year old man driving a yellow Penske rental truck was heading north on Highway 9 when he decided to pass a twin tractor trailer on a bend on the road.

His truck ended up in the southbound lane and hit a car head-on killing 33-year-old Jonathan Sobol, a well-known chef who worked at Starbelly Restaurant and 20-year-old Alec Bracegirdle, who was an up-and-coming web content developer.

READ MORE: Starbelly chef Jonathan Sobol killed in Irricana crash

According to Demmon, the collision was a result of poor judgement by the driver of the rental truck.

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The crash happened on a stretch of road where it was technically safe to pass, however the driver of the truck has been fined $233 for passing on the left when the view is obstructed.

READ MORE: Alec Bracegirdle identified as second victim in deadly Irricana crash

The family of Bracegirdle was disappointed to hear that is the maximum penalty the driver will deal with is a fine.

In a statement Thursday, Bracegirdle’s family said: “We had hoped that the man who took the lives of Alec and Jonathon would be required to make a mandatory court appearance and perhaps a statement to the families to help in our grief and healing.

“We need to know if the driver understands the gravity of what he has done.”

Sobol’s girlfriend Katelin Bland said she is working with Jonathan’s family to build a legacy in his name. There is a Calgary-wide school garden program in his name as well as a kids cookbook.

Bland had recently moved in with Sobol and the two had booked a vacation to begin last weekend.

Bland recently found out Sobol had plans to propose to her on that trip.

With files from Mia Sosiak

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