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careless driving question

This video here from 0:31 at the petrol station.

I was in a similar situation to this a few days ago. There's no turning lane so there's often cars getting stuck in the road blocking it waiting to get into a petrol station which is full.

I'd waited about a minute and a half for this car to move, during the course of which another car did what the driver did in this video, albeit not nearly hitting a pedestrian.

I decided not to do that, but I don't know if what I did was worse - i put my right indicator on, and slowly began to overtake the car on the right, as there was nowhere for it to go. The other side of the road was completely clear.

Now the highway code doesn't specifically make this an offence but i'm assuming it could be construed as DWDCA.

Am I looking at as many points and as high a fine as that guy if caught?

Or was it particuarly high in that case because he went to court and tried to appeal it etc.

Don't have any points but I'm a young-ish driver (21) who'se been behind the wheel for 3 years so if I do get points my insurance cost will skyrocket.
Either way isn't good, but you had to go round either way. I saw something like that on to way to work, coming to a heavy roundabout. What I did was close the shortcut so no one else could do it.

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